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PENN v. SAN JUAN HOSPITAL, INC.

No. 75-1156.

528 F.2d 1181 (1975)

Mabel PENN et al., Plaintiffs-Appellants, v. SAN JUAN HOSPITAL, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 31, 1975.

Attorney(s) appearing for the Case

Robert M. Strumor, Shiprock, N. M. (Jeanne F. Franklin, Arlene S. Strumor, Claudeen B. Arthur and Richard W. Hughes, Shiprock, N. M., and Marilyn G. Rose and Joseph Onek, Center for Law and Social Policy, Washington, D.C., of counsel, on the brief), for plaintiffs-appellants.

Richard L. Gerding, Tansey, Rosebrough, Roberts & Gerding, P. C., Farmington, N. M., for defendant-appellee.

Victor R. Ortega, U.S. Atty., J. Stanley Pottinger, Asst. Atty. Gen., and Brian K. Landsberg, Walter W. Barnett, and Jessica Dunsay Silver, Attys., Dept. of Justice, Washington, D. C., amicus curiae.

Before HOLLOWAY, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The action which is before us was filed in the United States District Court for the District of New Mexico alleging violations by defendant-appellee, San Juan Hospital, of the Fifth and Fourteenth Amendments to the Constitution of the United States and violation of 42 U.S.C. Sec. 291 (the Hill-Burton Act), 42 U.S.C. Sections 1981, 1983, 1985, 2000d of the Civil Rights Act of 1964. Also, 26 U.S.C. Sec. 501(c)(3), Internal Revenue Code...

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