BURKETTE v. LUTHERAN GENERAL HOSPITAL

No. 78-3447. Summary Calendar.

595 F.2d 255 (1979)

David BURKETTE, M. D., Plaintiff-Appellant, v. LUTHERAN GENERAL HOSPITAL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 17, 1979.


Attorney(s) appearing for the Case

Van H. Johnson, San Antonio, Tex., for plaintiff-appellant.

James H. Kizziar, Jr., San Antonio, Tex., for defendant-appellee.

Before CLARK, GEE and HILL, Circuit Judges.


GEE, Circuit Judge:

This appeal is plagued with grave procedural difficulties, such as appellant's attempt to proceed directly under the due process clause of the fourteenth amendment, an arguable waiver by failure to appeal the decision of an evaluative committee, etc. Other uncertainties arise from the question whether the appellee, a private hospital, receives "substantial" federal funds so as to be subject to the requirements of the fourteenth amendment. Since...

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