TAYLOR v. UNITED STATES

No. 75-1645.

528 F.2d 60 (1976)

James L. TAYLOR, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 19, 1976.


Attorney(s) appearing for the Case

Jerome Feldman, Chicago, Ill., Judith Halprin, law student, for plaintiffs-appellants.

Samuel K. Skinner, U.S. Atty., Chicago, Ill., Ronald R. Glancz and Harry R. Silver, Appellate Section, Civ. Div. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and EAST, Senior District Judge.


PELL, Circuit Judge.

While the issue presented in this appeal was the propriety of the granting of summary judgment to the defendants, the dispositive issue is whether a person who would otherwise be entitled to hospitalization in facilities administered by the Veterans Administration will be deprived of that treatment during the continuance of his status as a charged criminal even though at the time of the needed service he was not in actual custody by virtue of...

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