HEALTH SERVICES v. HOLY CROSS HOSP.

[No. 43, September Term, 1980.]

290 Md. 508 (1981)

431 A.2d 641

HEALTH SERVICES COST REVIEW COMMISSION v. HOLY CROSS HOSPITAL OF SILVER SPRING, INCORPORATED ET AL.

Court of Appeals of Maryland.

Motion for leave to file a motion for reconsideration denied June 29, 1981.


Attorney(s) appearing for the Case

Jay E. Levy, Assistant Attorney General, with whom were George A. Nilson, Deputy Attorney General, and Stanley Lustman, Assistant Attorney General, on the brief, for appellant.

Richard C. Shadyac, with whom were Metzger, Shadyac & Schwarz on the brief, and by C. Michael Loftus, with whom were Slover & Loftus on the brief, for appellees.

Amici curiae brief of Maryland Radiological Society, Inc. and Michael L. Sherman, M.D. filed. Melvin J. Sykes, M. Peter Moser and Frank, Bernstein, Conaway & Goldman on the brief.

Amicus curiae brief of Medical and Chirurgical Faculty of Maryland filed. John F. King, M. Bradley Hallwig and Anderson, Coe & King on the brief.

Amicus curiae brief of The Maryland Society of Pathologists, Incorporated filed. George T. Tyler on the brief.

Amicus curiae brief of Groover, Christie and Merritt, P.C. filed. Alfred L. Scanlan and Shea & Gardner and William S. Moore on the brief.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE and DAVIDSON, JJ., and JAMES C. MORTON, JR., Associate Judge of the Court of Special Appeals, specially assigned.


Motion by Blue Cross of Maryland for leave to file a motion for reconsideration denied June 29, 1981.

SMITH, J., delivered the opinion of the Court. ELDRIDGE and DAVIDSON, JJ., dissent. DAVIDSON, J., filed a dissenting opinion at page 519 infra, in which ELDRIDGE, J., concurs.

SMITH, J., delivered the opinion of the Court on the motion by Blue Cross of Maryland, Inc., for leave to file a motion for reconsideration as amicus curiae at page 548...

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