UNITED HOSP. CENTER, INC. v. RICHARDSON

Nos. 84-1062, 84-1088.

757 F.2d 1445 (1985)

UNITED HOSPITAL CENTER, INC., a private, non-profit corporation; Reynolds Memorial Hospital, Inc., a private, non-profit corporation; Davis Memorial Hospital, Inc., a private, non-profit corporation; St. Joseph's Hospital of Parkersburg, a private, non-profit corporation, Appellees, v. Sally K. RICHARDSON; William L. Gilligan; Larry C. Fizer and West Virginia Health Care Cost Review Authority, Appellants, and John D. Rockefeller, IV, Governor of the State of West Virginia; Chauncey H. Browning, Attorney General of the State of West Virginia; The West Virginia Department of Health, a Department of the State of West Virginia; L. Clark Hansbarger, Director of the State Department of Health; The Office of the Assistant Commissioner of Medical Services for the West Virginia Department of Welfare and David W. Forinash, Assistant Commissioner of Medical Services for the West Virginia Department of Welfare, Defendants. UNITED HOSPITAL CENTER, INC., a private, non-profit corporation; Reynolds Memorial Hospital, Inc., a private, non-profit corporation; Davis Memorial Hospital, Inc., a private, non-profit corporation; St. Joseph's Hospital of Parkersburg, a private, non-profit corporation, Appellees, v. The WEST VIRGINIA DEPARTMENT OF HEALTH, a Department of the State of West Virginia; L. Clark Hansbarger, Director of the State Department of Health; The Office of the Assistant Commissioner of Medical Services for the West Virginia Department of Welfare; David W. Forinash, Assistant Commissioner of Medical Services for the West Virginia Department of Welfare, Appellants, and John D. Rockefeller, IV, Governor of the State of West Virginia; Chauncey H. Browning, Attorney General of the State of West Virginia; Sally K. Richardson; William L. Gilligan; Larry C. Fizer and West Virginia Health Care Cost Review Authority, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1985.


Attorney(s) appearing for the Case

John H. Kozak, General Counsel, West Virginia Health Care Cost Review Authority, Charleston, W.Va. (Chauncey H. Browning, Atty. Gen., William F. Carroll, Deputy Atty. Gen., Charleston, W.Va., on brief), for appellants.

Robert J. O'Neil, Charleston, W.Va. (George G. Guthrie, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., on brief), for appellees.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This is an action by four West Virginia private non-profit hospitals to enjoin the enforcement of sections 16-29B-4 and 16-29B-27 of the West Virginia Health Care Review Act, W.Va.Code § 16-29B-1, et seq. (Supp.1984) (hereafter "Act") and any regulations promulgated thereunder by the West Virginia Health Care Cost Review Authority created to implement and administer the Act and for a declaratory judgment of the unconstitutionality...

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