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

No. 80-1893.

657 F.2d 1322 (1981)

NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, 107 East Ninth Street, Wilmington, Delaware, Puerto Rican Civil Rights League, Inc., 1030 West Third Street, Wilmington, Delaware, Older Americans Coalition, 1300 North Broom Street, Wilmington, Delaware, Brandywine Trinity United Methodist Church, Twenty-Second and Market Streets, Wilmington, Delaware, on behalf of their members and others similarly situated, Appellants, v. The MEDICAL CENTER, INC., David Matthews, 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., The Wilmington Medical Center, Inc. and Crawford H. Grenwalt, as Chairman of the Board of Trustees, and Joseph A. Dallas, as Chairman of the Board of Directors.

United States Court of Appeals, Third Circuit.

Opinion Filed June 29, 1981.

As Amended July 20, 1981.


Attorney(s) appearing for the Case

Marilyn G. Rose (argued), Sanford Newman, Center for Law and Social Policy, Washington, D. C., Douglas Shachtman, Jeffrey S. Goddess, City Sol., City of Wilmington, Wilmington, Del., for appellants; Thomas I. Atkins, Gen. Counsel, James I. Meyerson, N.A.A.C.P., New York City, of counsel.

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

Drew S. Days, III, Asst. Atty. Gen., Jessica Dunsay Silver, Irving Gornstein, Dept. of Justice, Washington, D. C., for United States as amicus curiae.

Before ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.


Reargued In Banc May 11, 1981.

Before ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The Wilmington Medical Center has been embroiled in litigation for the past five years because of its proposal to construct a new building in the suburbs and renovate one of its buildings in downtown Wilmington, Delaware. In this latest appeal, we hold that disparate impacts...

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