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WILMINGTON UNITED NEIGHBORHOODS v. U.S.

Nos. 78-2633, 78-2634.

615 F.2d 112 (1980)

WILMINGTON UNITED NEIGHBORHOODS, Edith Beck, John J. and Frances Bradley, Joseph J. Breen, Thomas X. Carroll, Joseph G. DiPinto, Ethel B. Tynes, Alice Wilson, Appellants, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Amos M. Burke, as Director of the Bureau of Health Planning and Resources Development, Robert H. Sweeney, Delaware Health Council, Inc., Wilmington Medical Center, Inc. (D.C. Civil No. 77-0439). WILMINGTON MEDICAL CENTER, INC., a non-profit corporation of the State of Delaware v. Joseph A. CALIFANO, Jr., as Secretary of the Department of Health, Education and Welfare and Wilmington United Neighborhoods, (Defendant-Intervenor), Appellant (D.C. Civil No. 77-0480).

United States Court of Appeals, Third Circuit.

Decided February 6, 1980.

Attorney(s) appearing for the Case

Marilyn G. Rose, Herbert Semmel, (Argued), Center for Law and Social Policy, Washington, D. C., Douglas Shachtman, Community Legal Aid Society, Inc., Wilmington, Del., for appellants in No. 78-2633 and defendant-intervenor-appellant in No. 78-2634.

Edward F. Kafader, (Argued), Deputy Atty. Gen., Dover, Del., for appellees, Amos M. Burke and Robert H. Sweeney.

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

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., James W. Garvin, Jr., U. S. Atty., Wilmington, Del., William G. Kanter, Alfred Mollin, (Argued), Appellate Staff, Civil Div., U. S. Dept. of Justice, Washington, D. C., for appellees, Joseph Califano, Jr. and Department of Health, Education and Welfare; Joan Garner, Dept. of Health, Education and Welfare, Philadelphia, Pa., of counsel.

Michael D. Goldman, Potter, Anderson & Corroon, Wilmington, Del., for appellee, Delaware Health Council, Inc.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This appeal represents the latest chapter in a long battle by consumers of medical services to prevent the removal and relocation of hospital services from the inner-city to suburban Wilmington. The plaintiffs have appealed from orders granting various motions dismissing their case against the U. S. Department of Health, Education and Welfare (HEW), the Bureau of Comprehensive Health Planning...

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