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DAVIS v. BALL MEMORIAL HOSP. ASS'N, INC.

No. 83-1707.

753 F.2d 1410 (1985)

Uneeda DAVIS, Kathy Bright; Individually and on behalf of all other persons similarly situated, Plaintiff-Appellants, v. BALL MEMORIAL HOSPITAL ASSOCIATION, INC., Don E. Bloodgood, John O. Butler, Donald M. Kerr, Michael H. McDermott, Joseph E. McSoley, William J. Miller, Eva H. Rosser, Raymond W. Worley, F.F. Levinson, in their official capacities as members of the Indiana State Board of Health; William D. Paynter, in his capacity as State Health Commissioner; Margaret Heckler, in her capacity as Secretary of the Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 7, 1985.

Attorney(s) appearing for the Case

Kenneth J. Falk, Legal Services Organization of Ind., Indianapolis, Ind., for plaintiff-appellants.

Marlene R. Abrams, Dept. of Health & Human Services, Chicago, Ill., for defendants-appellees.

Before POSNER, COFFEY, Circuit Judges, and KELLAM, Senior District Judge.

COFFEY, Circuit Judge.

The plaintiffs appeal the district court's order decertifying the class and dismissing the action. We affirm.

I.

This appeal is the second time this case has come before this court. See Davis v. Ball Memorial Hospital, 640 F.2d 30 (7th Cir.1980) ("Davis I"). This suit originally was filed on September 6, 1978 by three indigents,1 formerly patients...

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