AMERICAN HOSP. ASS'N v. HANSBARGER

No. 85-1056.

783 F.2d 1184 (1986)

AMERICAN HOSPITAL ASSOCIATION, a private, nonprofit corporation; West Virginia Hospital Association, a private, nonprofit corporation; Stonewall Jackson Memorial Hospital Company, a private, nonprofit, charitable corporation; Charles Town General Hospital, a private, nonprofit, charitable corporation; Weirton Medical Center, Inc., a private, nonprofit, charitable corporation; Sistersville General Hospital, Inc., a city hospital; Wheeling Hospital, Inc., a private, nonprofit, charitable corporation; The Catholic Health Association of the United States, a private, nonprofit corporation, Appellants, v. L. Clark HANSBARGER, Director of the West Virginia Department of Health, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1986.


Attorney(s) appearing for the Case

Charles L. Woody (Robert J. O'Neil, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., on brief), for appellants.

Donald L. Darling, Deputy Atty. Gen. (Charlie Brown, Atty. Gen., Walt Auvil, Asst. Atty. Gen., Charleston, W.Va., on brief), for appellee.

Before SPROUSE and CHAPMAN, Circuit Judges and BUTZNER, Senior Circuit Judge.


PER CURIAM:

In 1983 the West Virginia legislature enacted what is now § 16-5B-6a of the West Virginia Code. This Act requires that on or before July 1, 1984, at least forty percent of the Board of Directors of all nonprofit and local government hospitals located in West Virginia must be composed of an equal proportion of "consumer representatives" from four categories: small business, organized labor, elderly persons, and persons whose income is less than the...

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