FALMOUTH HOSPITAL v. LOPES


376 Mass. 580 (1978)

382 N.E.2d 1042

FALMOUTH HOSPITAL vs. DOUGLAS LOPES & another.

Supreme Judicial Court of Massachusetts, Barnstable.

November 9, 1978.


Attorney(s) appearing for the Case

T. Richard McIntosh, for the defendants.

Martin J. O'Malley, Jr., for the plaintiff.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.


BRAUCHER, J.

The plaintiff hospital sued the defendants for $709.99 on account of medical services. The defendants asserted that they were unable to pay for the services and that the hospital was obligated to provide the services free of charge under the Hospital Survey and Construction Act, 42 U.S.C. § 291 et seq., enacted in 1946 and commonly known as the Hill-Burton Act. A judge of the District Court ruled that the defense asserted was not available to the...

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