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UNITED STATES v. CITY OF PALM BEACH GARDENS

No. 79-1691.

635 F.2d 337 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. The CITY OF PALM BEACH GARDENS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

January 26, 1981.

Attorney(s) appearing for the Case

Leonard Schaitman, Marleigh Dover Lang, Michael Kimmel, Appellate Staff, Civil Div., Dept. of Justice Washington, D. C., for plaintiff-appellant.

David R. Lowell, St. Petersburg, Fla., for Nelson.

Wood, Lucksinger & Epstein, Bill R. Bludworth, Houston, Tex., Robert E. Venney, Miami, Fla., for Palm Beach Gardens Community Hospital et al.

Brant & Baldwin, Lake Park, Fla., Bernard Duco, Jr., Houston, Tex., for City of Palm Beach Gardens.

Before VANCE, HATCHETT and ANDERSON, Circuit Judges.

HATCHETT, Circuit Judge:

In this case the parties disagree as to the time within which the United States must bring suit under the Hill-Burton Act, 42 U.S.C. § 291i, for the recovery of federal funds used in the construction of a non-profit hospital sold to a profit-making organization. We reverse the decision of the trial court holding the United States time-barred from seeking such recovery following the transfer of a federally-supported hospital from public...

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