No. 81-2469.

727 F.2d 936 (1984)

WYOMING HOSPITAL ASSOCIATION, Bishop Randall Hospital, Campbell County Memorial Hospital, Community Hospital, Converse County Memorial Hospital, De Paul Hospital, Fremont County Memorial Hospital, Hot Springs County Memorial Hospital, Ivinson Memorial Hospital, Johnson County Memorial Hospital, Memorial Hospital of Carbon County, Memorial Hospital of Laramie County, Memorial Hospital of Natrona County, Memorial Hospital of Sheridan County, Memorial Hospital of Sweetwater County, Niobrara Memorial Hospital, Platte County Memorial Hospital, Powell Hospital, T.C.H.D. — St. John's Hospital, Uinta County Memorial Hospital, Washakie Memorial Hospital, Weston County Memorial Hospital, West Park County Hospital District, Plaintiffs-Appellants, v. Patricia R. HARRIS, Secretary of the United States Department of Health and Human Services, and the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 9, 1984.

Attorney(s) appearing for the Case

Franklin D. Bayless of Trierweiler, Bayless, Barrett & McCartney, Cheyenne, Wyo. (James H. Barrett, Cheyenne, Wyo., with him on the brief), for plaintiffs-appellants.

John Daniel Kiser, Senior Atty., Public Health Div., Office of the Gen. Counsel, Dept. of Health and Human Services, Rockville, Md. and Patricia Wilkins Bobo, Atty., Civil Rights Div., Washington, D.C. (Richard J. Riseberg, Asst. Gen. Counsel, Donald N. Young, Chief, HSA/HRA Branch, Public Health Div., Rockville, Md., Albert Hamlin, Asst. Gen. Counsel, Robin Epstein Schneider and Thomas E. Herrmann, Senior Attys., Civil Rights Div., Washington, D.C., on the brief), for defendants-appellees.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and CHILSON, District Judge.

SETH, Chief Judge.

This is an appeal of the order of the trial court, 527 F.Supp. 551, denying the plaintiffs' motion for summary judgment and granting the defendants' cross-motion for summary judgment. The Wyoming Hospital Association, on behalf of its institutional members, and twenty-two individual hospitals brought this suit seeking declaratory and injunctive relief from enforcement...

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