ATTORNEY GENERAL v. HAHNEMANN HOSPITAL


397 Mass. 820 (1986)

494 N.E.2d 1011

ATTORNEY GENERAL vs. HAHNEMANN HOSPITAL & others (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1986.


Attorney(s) appearing for the Case

Leslie G. Espinoza, Assistant Attorney General (Kevin A. Suffern, Assistant Attorney General, with her) for the Attorney General.

Kenneth Laurence (Christopher M. Jedrey with him) for Hahnemann Hospital & another.

Arnold P. Messing for Community Care Systems, Inc.

Carl Weissburg & Patricia E. Sinskey, of California, for Federation of American Hospitals, amicus curiae, submitted a brief.

Audrey Zucker, for Massachusetts Health Action Alliance, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & NOLAN, JJ.


ABRAMS, J.

On February 13, 1985, the Attorney General and the Hahnemann Hospital (Hahnemann) simultaneously filed complaints for declaratory relief pursuant to G.L.c. 231A, § 1 (1984 ed.), G.L.c. 214, § 1,3 and G.L.c. 180, § 11A.4 The Attorney General, acting pursuant to his common law and statutory authority to see to the due application of charitable...

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