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EASTERN KENTUCKY WELFARE RIGHTS ORG. v. SIMON

No. 74-1293.

506 F.2d 1278 (1974)

EASTERN KENTUCKY WELFARE RIGHTS ORGANIZATION et al. v. William E. SIMON, Secretary of the Treasury, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1974.

Rehearing Denied December 6, 1974.

Attorney(s) appearing for the Case

Wesley J. Filer, Atty., Tax Div., Dept. of Justice, of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Scott P. Crampton, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Meyer Rothwacks and Leonard J. Henzke, Jr., Attys. Tax Div., Dept. of Justice, were on the brief, for appellants.

Marilyn G. Rose, with whom Joseph Onek, Jeffrey B. Schwartz, Laurens H. Silver, and Anthony Z. Roisman, Washington, D. C., were on the brief, for appellees.

John A. Beck, Washington, D. C., filed a brief on behalf of American Hospital Association as amicus curiae urging reversal.

Before WRIGHT and WILKEY, Circuit Judges, and JAMESON, Senior District Judge.

JAMESON, Senior District Judge:

Defendants-appellants, the Secretary of the Treasury and Commissioner of Internal Revenue, have appealed from an order granting summary judgment to plaintiffs-appellees and holding that "private nonprofit hospitals seeking tax exempt status as charitable organizations under § 501(c)(3) of the [Internal Revenue] Code must provide free or below cost treatment to individuals unable to pay for such services" and that a revenue ruling...

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