MEDICAL ASS'N OF STATE OF ALA. v. SCHWEIKER

Civ. A. No. 81-276-N.

554 F.Supp. 955 (1983)

The MEDICAL ASSOCIATION OF the STATE OF ALABAMA, and Daniel Gubin, M.D., Plaintiffs, v. Richard SCHWEIKER, Secretary of the United States Department of Health and Human Services, individually and in his official capacity, George A. Reich, M.D., Regional Health Administrator of the United States Department of Health and Human Services, individually and in his official capacity, Stephen H. King, M.D., Director of the Division of Health Service Delivery (Region IV), individually and in his official capacity, William B. Lyons, Executive Director (Region IV), individually and in his official capacity, Milton A. Watson, Jr., Public Health Advisor in the Division of Health Services (Region IV), individually and in his official capacity, Ray Overton, Chief of the Alabama/Georgia Section of the Primary Care Branch, Division of Health Services (Region IV), individually and in his official capacity, Denise Rouse, Former Executive Director and/or Public Health Advisor (Region IV), individually and in her former official capacity, Edward N. Brandt, M.D., Ph.D., Assistant Secretary and Director of Public Health Service individually and in his official capacity, Robert Graham, M.D., Acting Administrator of the Health Resources Administration, individually and in his official capacity, Howard V. Stambler, Director of the Division of Health Professions Analysis in the Bureau of Health Professions, individually and in his official capacity, John H. Kelso, Acting Administrator of the Health Services Administration, individually and in his official capacity, Edward Martin, M.D., Director of the Bureau of Community Health Services, individually and in his official capacity, Sandra Lichty, Ph.D., Director of Rural Health Programs (B.C.H.S.), individually and in her official capacity, Robert Schaeffer, Director of the Division of Monitoring and Analysis (B.C.H.S.), individually and in his official capacity, Rufus Wood, Project Director of the West El Health Services, Inc., individually and in his official capacity, West El Health Services, Inc., a private non-profit corporation, partially funded under the Rural Health Initiative Program, and X, Y, and Z being that person, firm or corporation who is responsible for the wrongful conduct or injury described herein whose names and legal descriptions are otherwise unknown but will be supplied by amendment when ascertained, Defendants, Society for the Advancement of Ambulatory Care, Defendant-Intervenor.

United States District Court, M.D. Alabama, N.D.

January 7, 1983.


Attorney(s) appearing for the Case

John T. Mooresmith, Gen. Counsel, The Medical Ass'n of the State of Ala., and Wendell R. Morgan, Montgomery, Ala., for plaintiff Medical Ass'n.

Von G. Memory, Montgomery, Ala., for plaintiff Gubin.

John C. Bell, U.S. Atty., and Susan G. Bevill, Asst. U.S. Atty., M.D.Ala., Montgomery, Ala., for federal defendants.

Joe R. Whatley, Jr., Stewart, Falkenberry & Whatley, Birmingham, Ala., for defendants West El and Rufus Wood.

Jacqueline Leifer and James L. Feldesman, Boasberg, Klores, Feldesman & Tucker, Washington, D.C., for intervening defendant, Soc. for Advancement of Ambulatory Care.


OPINION

MYRON H. THOMPSON, District Judge.

The plaintiffs Dr. Daniel Gubin and the Medical Association of the State of Alabama have brought this cause of action attacking the federal Rural Health Initiative Program in the State of Alabama. First, they challenge the constitutionality under the first and fifth amendments to the United States Constitution of various provisions of the Public Health Service Act—in particular, 42 U.S.C.A. §§ 254c...

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