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NAT. ASS'N OF NEIGHBORHOOD HEALTH CTRS. v. MATHEWS

No. 76-1434.

551 F.2d 321 (1976)

NATIONAL ASSOCIATION OF NEIGHBORHOOD HEALTH CENTERS, INC., Appellant, v. David MATHEWS, as U. S. Secretary of Health, Education and Welfare, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided 23 November 1976.

Rehearing Denied December 16, 1976.

Attorney(s) appearing for the Case

Marilyn G. Rose, Washington, D.C., with whom Joseph N. Onek, Washington, D.C., was on the brief for appellant.

Richard A. Graham, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Asst. U. S. Atty. and Mary F. Wieseman, Atty., Counsel, Dept. of Health, Education and Welfare, Washington, D.C., for appellees.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

On cross motions for summary judgment filed in the court below, the U. S. District Court found1 that the Department of Health, Education and Welfare had administered the Hill-Burton Act2 in violation of separate provisions that were added by amendment in 1970.3

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