N. A. A. C. P. v. WILMINGTON MEDICAL CENTER, INC.

Civ. A. No. 76-298.

436 F.Supp. 1194 (1977)

NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE et al., Plaintiffs, v. The WILMINGTON MEDICAL CENTER, INC., et al., Defendants.

United States District Court, D. Delaware.

August 16, 1977.


Attorney(s) appearing for the Case

Joseph S. Flowers and Douglas A. Shachtman, Community Legal Aid Society, Inc., Wilmington, Del., and Marilyn G. Rose and Christine B. Hickman, Center for Law and Social Policy, Washington, D. C., for plaintiffs.

Charles H. Toliver, IV, and Alan Bernard Scher, Asst. City Sols., for plaintiff-intervenor, City of Wilmington.

Rodney M. Layton, Wendell Fenton and William J. Wade of Richards, Layton & Finger, Wilmington, Del., for defendants The Wilmington Medical Center, Inc., Crawford H. Greenewalt and Joseph A. Dallas.

James W. Garvin, Jr., U. S. Atty., Wilmington, Del., Barbara Allen Babcock, Asst. Atty. Gen., Dennis G. Linder and Rebecca L. Ross, Trial Attys., Dept. of Justice, Washington, D. C., Stephanie W. Naidoff, Regional Atty., and William M. Reinhart, Asst. Regional Atty., Dept. of HEW, Philadelphia, Pa., for defendant Secretary of HEW.

Malcolm S. Cobin, Asst. Atty. Gen., Dept. of Justice, Dover, Del., for defendant Amos Burke, Director of the Bureau of Comprehensive Health Planning.

William C. Gordon, pro se.


LATCHUM, Chief Judge.

Before the Court are cross-motions for partial summary judgment1 filed by the defendant Secretary of Health, Education and Welfare (the "Secretary") and the plaintiffs directed to the issue of whether the Secretary's limited role in the implementation of Plan Omega under the provisions of § 1122 of the Social Security Act, 42 U.S.C. § 1320a-1, ("§ 1122") constitutes "major Federal action significantly...

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