AMERICAN HOSPITAL ASS'N v. HARRIS

No. 79-2162.

625 F.2d 1328 (1980)

AMERICAN HOSPITAL ASSOCIATION, Plaintiff-Appellant, v. Patricia R. HARRIS, Secretary of the United States Department of Health, Education, and Welfare et al., Defendants-Appellees, Illinois Migrant Council et al., Intervening Defendants.

United States Court of Appeals, Seventh Circuit.

Decided July 2, 1980.


Attorney(s) appearing for the Case

Lawrence A. Manson, Jay H. Hedgepeth, American Hospital Ass'n, Chicago, Ill., for plaintiff-appellant.

Shalom Brilliant, Dept. of Justice, Washington, D. C., for defendants-appellees.

Nelson A. Soltman, Legal Asst. Foundation of Chicago, Chicago, Ill., for intervening defendants.

Before PELL, Circuit Judge, PECK, Senior Circuit Judge, and WOOD, Circuit Judge.


HARLINGTON WOOD, Jr., Circuit Judge.

The sole issue on appeal is whether the district court, 477 F.Supp. 665, properly refused to grant a preliminary injunction against the operation of regulations promulgated by the Department of Health, Education and Welfare.

Congress, in 1946, enacted Title VI of the Public Health Service Act, 42 U.S.C. § 291 et seq. (1976) (the Hill-Burton Act), to assist states in constructing...

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