TEX. ACORN v. TEX. AREA 5 HEALTH SYSTEMS AGENCY

No. 77-1717.

559 F.2d 1019 (1977)

TEXAS ACORN, Dini Turley, et al., Plaintiffs-Appellees, v. TEXAS AREA 5 HEALTH SYSTEMS AGENCY, INC., Defendant-Appellant, Joseph Califano, as Secretary, United States Department of Health, Education and Welfare, Defendant-Appellant, Floyd A. Norman, M. D., as Regional Health Administrator, Public Health Service, etc., Defendant.

United States Court of Appeals, Fifth Circuit.

September 23, 1977.


Attorney(s) appearing for the Case

Jerry Lee Hughes, Dennis R. Swift, Fort Worth, Tex., Roby Hadden, U.S. Atty., Otis W. Carroll, Jr., Asst. U.S. Atty., Tyler, Tex., Henry L. Gilliam, U.S. Dept. of Health, Education & Welfare, Dallas, Tex., William Kanter, Atty., Paul Blankenstein, Atty., Harry R. Silver, Atty., Civil Div., Appellate Sect., Dept. of Justice, Washington, D.C., for defendants-appellants.

Carl M. Weisbrod, Dallas Legal Services Foundation, Inc., Dallas, Tex., Herbert Semmel Center for Law and Social Policy, Marilyn G. Rose, Washington, D.C., for plaintiffs-appellees.

William D. Wells, NAACP, New York City, J. Francis Pohlhaus, NAACP, Washington, D.C., for amicus curiae.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.


THORNBERRY, Circuit Judge:

Questions striking at the heart of this nation's health planning policy and health resources development permeate this litigation. Plaintiffs, nine individuals and one unincorporated association (Texas Acorn), gainsay the legality of a Health Systems Agency charged by the National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300k, et seq., with improving the health...

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