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CITY OF FAIRFAX v. FAIRFAX HOSPITAL ASSN.

No. 76-1775.

562 F.2d 280 (1977)

CITY OF FAIRFAX et al., Appellants, v. FAIRFAX HOSPITAL ASSOCIATION et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1977.

Attorney(s) appearing for the Case

Henry St. John Fitzgerald, Arlington, Va. (Tolbert, Smith, Fitzgerald & Ramsey, Arlington, Va.), Nolan E. Clark, Washington, D. C. (Kirkland, Ellis & Rowe, Washington, D. C.), and John Rust, Jr., City Atty., Oakton, Va., for appellants.

Paula Jameson, Asst. County Atty., Fairfax, Va., for appellee Industrial Development Authority of Fairfax County, Va.

Ray S. Bolze, Kenneth E. Krosin, and Mark W. Pennak, Washington, D. C. (Howrey & Simon, Washington, D. C.), William C. Bauknight, Fairfax, Va. (McCandlish, Lillard, Bauknight, Church & Best, Fairfax, Va.), for appellees Fairfax Hospital Assn., Commonwealth Doctors Hospital, Inc.

Before WIDENER, Circuit Judge, HALL, Circuit Judge, and WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge:

Eight plaintiffs—the City of Fairfax, Virginia, six physicians, and one oral surgeon—appeal from a summary judgment for three defendants—Fairfax Hospital Association (FHA), a private, nonprofit corporation operating Fairfax Hospital, Commonwealth Doctors Hospital, Inc. (CDH), a private corporation operated for profit, and the Industrial Development Authority of the County of Fairfax, Virginia (IDA).

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