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COOK v. OCHSNER FOUNDATION HOSPITAL

No. 75-3044.

559 F.2d 968 (1977)

Rosezella COOK et al., on their own behalf, on the behalf of their minor children and on behalf of all others similarly situated, Plaintiffs-Appellants, v. OCHSNER FOUNDATION HOSPITAL et al., Defendants, Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 22, 1977.

Attorney(s) appearing for the Case

Marilyn G. Rose, Center for Law & Social Policy, Joseph N. Onek, Washington, D. C., for plaintiffs-appellants.

Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., Edwin E. Huddleson, III, Robert E. Kopp, Rex E. Lee, Asst. Atty. Gen., Harry R. Silver, Atty., Civ. Div., Appellate Section, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before GOLDBERG and FAY, Circuit Judges, and DUMBAULD, District Judge.

DUMBAULD, District Judge:

This appeal, an outgrowth of a protracted and complex class action,1 presents only one issue: whether certain regulations framed by the Secretary of Health, Education, and Welfare pursuant to 42 U.S.C. § 291c(e)2 are invalid either by reason of conflict with the statute pursuant to which they were made or by reason of conflict of interest on the part of certain individuals participating...

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