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CHU v. SCHWEIKER

Nos. 1390, 1391, Dockets 82-6103, 82-6113.

690 F.2d 330 (1982)

Brian CHU, M.D., James R. Goss, D.O., Khadijah Hamdallah, M.D., Staley Jackson, M.D., David O. King, D.O., Mitchell Koffler, M.D., Gregory Lower, D.O., Rukhsana Rahman, M.D. and Judith L. Shoner, M.D., Plaintiffs-Appellants, v. Richard SCHWEIKER, Secretary, Department of Health and Human Services; Dr. Edward Brandt, Jr., Assistant Secretary of Health, United States Public Health Service; John H. Kelso, Acting Administrator, Health Services Administration; Dr. John E. Marshall, Associate Administrator for Operations, Health Services Administration; Dr. Leonard Bachman, Acting Director, Bureau of Medical Services; United States Department of Health and Human Services; United States Public Health Services; United States Health Services Administration and Bureau of Medical Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 1, 1982.

Attorney(s) appearing for the Case

Jane E. Bloom, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty. for the S. D. New York, Peter C. Salerno, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees.

Whitney North Seymour, Jr., New York City (Simpson, Thacher & Bartlett, Jean E. Ericson, Michael D. Nathan, New York City, of counsel), for plaintiffs-appellants.

Before NEWMAN and PIERCE, Circuit Judges, and CANNELLA, Senior District Judge.

CANNELLA, District Judge:

Plaintiffs, medical residents at the now-closed United States Public Health Service ["PHS"] hospital in Staten Island, commenced this action seeking an order directing the Secretary of Health and Human Services [the "Secretary"] either to place them in private or other federal residency programs or to support them in mutually acceptable residency programs. The District Court, Charles L. Brieant, Judge, consolidated the hearing on plaintiffs...

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