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N. A. A. C. P. v. MEDICAL CTR., INC.

Nos. 78-1616, 78-1943.

599 F.2d 1247 (1979)

NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, Puerto Rican Civil Rights League, Inc., Older Americans Coalition, Wilmington United Neighborhoods, Brandywine Trinity United Methodist Church, On behalf of their members and others similarly situated, and Sarah Bratcher, Raymond W. Brown, Maria Galindez, for herself and as parent and guardian for her minor children, Reynaldo Galindez, and Pedro Galindez, Milagro Quinones, Denise Smokes, Maria Miran, On behalf of themselves and others similarly situated, City of Wilmington, Appellants, v. The MEDICAL CENTER, INC., David Mathews, U.S. Secretary of Health, Education, and Welfare, Amos Burke, Director of the Bureau of Comprehensive Health Planning, William C. Gordon, Director of the Health Planning Council, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided June 4, 1979.

Attorney(s) appearing for the Case

Marilyn G. Rose (argued), Herbert Semmel, Washington, D. C., Douglas Shachtman, Jeffrey S. Goddess, Wilmington, Del., for appellants.

Rodney M. Layton (argued), William J. Wade, Richards, Layton & Finger, Wilmington, Del., for appellee The Wilmington Medical Center, Inc.

Rebecca L. Ross (argued), Barbara Allen Babcock, William G. Kanter, Barbara O'Malley, Washington, D. C., for appellee Joseph A. Califano, Jr., Secretary of the Department of Health, Education and Welfare.

William L. Taylor, Roger S. Kuhn, Washington, D. C., for amici curiae, League of Women Voters of the United States, National Urban League, Puerto Rican Legal Defense and Education Fund, Inc., and Women's Legal Defense Fund.

Before HUNTER and GARTH, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Appellants brought this action under Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (1976), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1976), contending that a proposed health facility relocation would have a discriminatory impact. The district court directed appellants to pursue the administrative remedy provided by section 602 of Title VI. The court subsequently...

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