PHYSICIANS NAT. HOUSE STAFF ASS'N v. FANNING

No. 78-1209.

642 F.2d 492 (1980)

PHYSICIANS NATIONAL HOUSE STAFF ASSOCIATION et al., Appellants, v. John H. FANNING et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 1980.

As Amended July 30, 1980.

Certiorari Denied February 23, 1981.


Attorney(s) appearing for the Case

Murray A. Gordon, New York City, a member of the bar of the Supreme Court of New York, pro hac vice by special leave of Court, with whom Abraham L. Zwerdling, Janet Kohn, Washington, D.C., and Bernard Katz, New York City, were on brief, for appellants.

Ruth E. Peters, Atty., N.L.R.B., Washington, D.C., a member of the bar of the Supreme Court of Massachusetts, pro hac vice by special leave of Court with whom John S. Irving, Gen. Counsel, Margery E. Lieber, Deputy Asst. Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., were on brief, for appellees.

Carl W. Vogt, Washington, D.C., was on the brief for amicus curiae, Ass'n of American Medical Colleges, et al., in support of petition for rehearing en banc.

George G. Gallantz, Washington, D.C., was on brief, for amicus curiae, Greater New York Hospital Ass'n., et al., in support of petition for rehearing en banc.

Carl Taylor and Aileen A. Armstrong, Attys., N.L.R.B., Washington, D.C., entered appearances for appellees.

Before WRIGHT, Chief Judge, and McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB, WILKEY, WALD and MIKVA, Circuit Judges.


Argued En Banc October 9, 1979.

Certiorari Denied February 23, 1981. See 101 S.Ct. 1360.

Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

The appellants are the house staff associations of four private, non-profit hospitals, and a national house staff organization. House staffs consist of physicians serving as interns, residents and clinical fellows, and participating in hospital-based training programs in medical specialties...

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