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MASCARENHAS v. MERIDIAN HOSPITAL AUTHORITY

No. 75-2682.

560 F.2d 683 (1977)

Raul MASCARENHAS, Plaintiff-Appellant, v. MERIDIAN HOSPITAL AUTHORITY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 7, 1977.

Attorney(s) appearing for the Case

Wm. F. Kemp, Austin, Tex., for plaintiff-appellant.

W. V. Dunnam, Jr., Waco, Tex., for defendants-appellees.

Jack D. Welch, Marlin, Tex., for Hilderbrand, et al.

Before TUTTLE, GOLDBERG and CLARK, Circuit Judges.

GOLDBERG, Circuit Judge:

The Meridian Hospital Authority contracted to sell its hospital to Dr. Raul Mascarenhas. He now challenges the Authority's refusal to comply with its bargain. Although ever hesitant to release a party from a negotiated bargain entered in good faith, we conclude that the Authority lacked statutory authorization to sell its hospital and that the contract therefore is unenforceable.

I.

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