ST. JOSEPH'S HOSPITAL v. BLUE CROSS, ETC.

No. 79-CV-416.

489 F.Supp. 1052 (1979)

ST. JOSEPH'S HOSPITAL HEALTH CENTER, Plaintiff, v. BLUE CROSS OF CENTRAL NEW YORK, INC., Service Employees International Union, AFL-CIO and Joseph A. Califano, Jr., as Secretary of the United States Department of Health, Education and Welfare, Defendants.

United States District Court, N. D. New York.

July 11, 1979.


Attorney(s) appearing for the Case

Charles E. Cooney, Jr., Costello, Cooney & Fearon, Syracuse, N.Y., for plaintiff.

Bruce G. Soden, Hancock, Estabrook, Ryan, Shove & Hust, Syracuse, N.Y., for defendant Blue Cross of Central New York, Inc.

Charles E. Blitman, Blitman & King, Syracuse, N.Y., for defendant Service Employees International Union, AFL-CIO.

George H. Lowe, U.S. Atty., Syracuse, N.Y., Gustave J. DiBianco, Asst. U.S. Atty., Syracuse, N.Y., for defendant Califano.


MEMORANDUM—DECISION AND ORDER

MUNSON, District Judge.

This is an action to enjoin agency disclosure in response to a Freedom of Information Act request. The information to be disclosed is arguably exempt from the Act's mandatory disclosure requirements, but a regulation promulgated by the Secretary of Health, Education and Welfare would nevertheless compel its release. St. Joseph's Hospital challenges the validity of this rule, arguing that it is...

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