STATE OF N. C. EX REL. MORROW v. CALIFANO

No. 76-0049-CIV-5.

445 F.Supp. 532 (1977)

STATE OF NORTH CAROLINA ex rel. Sarah T. MORROW, Secretary of the North Carolina Department of Human Resources, Plaintiff, American Medical Association and North Carolina Medical Society, Plaintiffs-Intervenors, State of Nebraska, Plaintiff-Intervenor, v. Joseph A. CALIFANO, Secretary of the United States Department of Health, Education and Welfare, Defendant, American Association for Comprehensive Health Planning, Inc., Defendant-Intervenor, National Association of Neighborhood Health Centers, Defendant-Intervenor.

United States District Court, E. D. North Carolina, Raleigh Division.

Judgment Affirmed April 17, 1978.


Attorney(s) appearing for the Case

William F. O'Connell, Sp. Deputy Atty. Gen., Rufus L. Edmisten, Atty. Gen., State of North Carolina, North Carolina Dept. of Justice, Raleigh, N. C., for plaintiff.

John H. Anderson, Henry A. Mitchell, Jr., Smith, Anderson, Blount & Mitchell, Raleigh, N. C., Newton N. Minow, Jack R. Bierig, Edna S. Epstein, Sidly & Austin, Chicago, Ill., for plaintiffs-intervenors American Medical Association & North Carolina Medical Society.

Mel K. Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., for plaintiff-intervenor State of Nebraska.

Rex E. Lee, Steven I. Frank, Asst. Attys. Gen., Dept. of Justice, Washington, D. C., for defendant.

William G. Kopit, Richard G. Vernon, Washington, D. C., Eugene Hafer, Raleigh, N. C., for defendant-intervenor and American Association for Comprehensive Health Planning, Inc.

Adam Stein, Chambers, Stein, Ferguson & Becton, Chapel Hill, N. C., Herbert Semmel, Michael C. Harper, Center for Law and Social Policy, Washington, D. C., for defendant-intervenor Nat. Association of Neighborhood Health Centers.


Judgment Affirmed April 17, 1978. See 98 S.Ct. 1597.

OPINION and ORDER

RUSSELL, Circuit Judge, LARKINS, Chief District Judge, and DUPREE, District Judge.

This is a suit against the Secretary of Health, Education and Welfare challenging the constitutionality of the National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300k et seq. (hereinafter referred to as "the Act"). The original complainant was the State of North...

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