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METRO. MED. CTR. & EXTENDED CARE FAC. v. HARRIS

Nos. 81-2401, 82-1014.

693 F.2d 775 (1982)

METROPOLITAN MEDICAL CENTER AND EXTENDED CARE FACILITY, Appellee, v. Patricia HARRIS, Secretary of the Department of Health and Human Services; the United States of America; and Blue Cross and Blue Shield of Minnesota, Appellants, METROPOLITAN MEDICAL CENTER AND EXTENDED CARE FACILITY, Appellant, v. Patricia HARRIS, Secretary of the Department of Health and Human Services; the United States of America; and Blue Cross and Blue Shield of Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 22, 1982.

Rehearing and Rehearing Denied January 18, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., James M. Rosenbaum, U.S. Atty., Anthony J. Steinmeyer, John F. Cordes, Attys., Dept. of Justice, Civ. Div., Washington, D.C., for Harris, et al.

Richard I. Diamond, John R. Beattie, Larkin, Hoffman, Daly & Lindgren, Ltd., Mark G. Mishek, Director of Legal Services, Minneapolis, Minn., for Metropolitan Medical Center and Extended Care Facility.

Patricia S. Hofstra, Chicago, Ill., for amicus curiae American Hosp. Ass'n; Leonard C. Homer, Ober, Grimes & Shriver, Baltimore, Md., of counsel.

James D. Kemper, Brenda S. Horn, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for amicus curiae Missouri Hosp. Ass'n.

William J. Keppel, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for amicus curiae Minnesota Hosp. Ass'n.

Before HEANEY, Circuit Judge, MILLER, Judge, and COLLINSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 18, 1983.

HEANEY, Circuit Judge.

Metropolitan Medical Center and Extended Care Facility (Metro) received a grant, interest subsidy and loan guaranty under the Hill-Burton Act, 42 U.S.C. §§ 291 et seq. As a statutory condition of receiving that Hill-Burton aid, Metro agreed: (1) to make its facilities available to all persons residing in its territorial area — its community service assurance...

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