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ASCHERMAN v. PRESBYTERIAN HOSP. OF PAC. MED. C., INC.

No. 74-1105.

507 F.2d 1103 (1974)

Stanford W. ASCHERMAN, M.D., Plaintiff-Appellant, v. PRESBYTERIAN HOSPITAL OF PACIFIC MEDICAL CENTER, INC., aka Presbyterian Medical Center, and Pacific Medical Center, aka Presbyterian Hospital of Pacific Medical Center, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 10, 1974.

Attorney(s) appearing for the Case

Brian McCarthy (argued), San Francisco, Cal., for plaintiff-appellant.

Herbert I. Pierce, III (argued), of Crosby, Heafy, Roach & May, Oakland, Cal., for defendants-appellees.

Before DUNIWAY, INGRAHAM and WALLACE, Circuit Judges.

OPINION

INGRAHAM, Circuit Judge:

This appeal presents the question whether a private hospital's receipt of federal funds under the Hill-Burton Act,1 coupled with federal and state tax exemptions, constitutes state action sufficient to confer jurisdiction on this court under 42 U.S.C. § 1983. The district court concluded that the mere receipt of federal funds for construction of the facilities, even when coupled with...

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