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HICKS v. SOUTHERN MD. HEALTH SYSTEMS AGENCY

No. 83-1305.

737 F.2d 399 (1984)

William H. HICKS and Vivian H. Mills, Appellants, v. SOUTHERN MARYLAND HEALTH SYSTEMS AGENCY, Robert W. Sherwood, Jr., Executive Director Southern Maryland Health Systems Agency, Gail Valentinsen, Project Officer — Region III Bureau of Health Planning Department of Health and Human Services, Patricia Harris, Secretary of Health and Human Services; Prince George's County, St. Mary's County, Calvert County, Charles County, Individually and in their official capacities and State of Maryland, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 1984.

Rehearing Denied July 30, 1984.

Attorney(s) appearing for the Case

Anthony A. Keder, Lanham, Md. (Gerald C. Baker, Diemer & Baker, Lanham, Md., on brief), for appellant.

Frank C. Morris, Jr., Washington, D.C. (Stuart M. Gerson, William G. Kopit, Thomas M. Farah, Epstein, Becker, Borsody & Green, P.C., Washington, D.C., on brief); Michael Leonard, Asst. Regional Atty., Philadelphia, Pa. (Larry A. Ceppos, U.S. Attorney's Office; Randall M. Lutz, Dept. of Health & Mental Hygiene, Baltimore, Md., Robert Drummer, County Attorney's Office, Bladensburg, Md., Theodore P. Weiner, County Atty., Pikesville, Md., Thomas C. Hayden, Jr., County Atty., La Plata, Md., Patricia M. Flannery, Anderson, Coe & King, Baltimore, Md., on brief), for appellees.

Before MURNAGHAN, ERVIN and CHAPMAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

The action arose out of the discharge, on August 1, 1980, of William H. Hicks and Vivian H. Mills, by their employer the Southern Maryland Health Systems Agency. The SMHSA is one of three types of health systems agencies contemplated in the National Health Planning and Resource Development Act.1 It operates largely autonomously of the federal entity involved, the Department of Health and Human Services. In June...

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