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WOMEN'S COMMUNITY HEALTH, ETC. v. TEX. HEALTH, ETC.

No. 81-1180.

685 F.2d 974 (1982)

WOMEN'S COMMUNITY HEALTH CENTER OF BEAUMONT, INC., et al., Plaintiffs-Appellants, v. TEXAS HEALTH FACILITIES COMMISSION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 15, 1982.

Attorney(s) appearing for the Case

Lucas & Miller, Roy Lucas, Washington, D. C., for plaintiffs-appellants.

Nancy N. Lynch, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before THORNBERRY, REAVLEY and RANDALL, Circuit Judges.

REAVLEY, Circuit Judge:

The question presented is whether the Younger doctrine bars this action for declaratory and injunctive relief against the state's attempt to enforce the "certificate of need" requirements of the Texas Health Planning Act (the "State Act"), Tex.Rev.Civ.Stat.Ann. art. 4418h (Vernon 1976 & Supp.1982), and the National Health Planning and Resources Development Act of 1974 (the "Federal Act"), 42 U.S.C.A. §§ 300k to 300n-6 ...

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