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GREATER NEW YORK HOSPITAL ASS'N v. MATHEWS

No. 75 Civ. 5902 (CMM).

404 F.Supp. 320 (1975)

GREATER NEW YORK HOSPITAL ASSOCIATION et al., Plaintiffs, United Hospital et al., Intervenor Plaintiffs, v. David MATHEWS as Secretary of the United States Department of Health, Education and Welfare, and James B. Cardwell, as United States Commissioner of Social Security, Defendants.

United States District Court, S. D. New York.

December 11, 1975.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City, for plaintiffs; Jacob Imberman, Susan C. Rosenfeld, Jeffrey S. Gunin, of counsel.

Hayt, Hayt, Tolmach & Landau, Great Neck, N. Y., for intervenor plaintiffs; Andrew Ross, Andrew Roth, of counsel.

Thomas J. Cahill, U. S. Atty. for the S. D. N. Y., New York City, for defendants; Frederick P. Schaffer, Taggart Adams, Asst. U. S. Attys., of counsel.

METZNER, District Judge:

The original plaintiffs, composed of the Greater New York Hospital Association (GNYHA) and Peninsula Hospital Center, on behalf of themselves and other voluntary nonprofit hospitals which are members of GNYHA, move for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. They seek to enjoin the Secretary of the Department of Health, Education and Welfare (HEW) and the Commissioner of Social Security from implementing...

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