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GRIFFIN HOSP. v. COM'N ON HOSPITALS & HEALTH CARE

No. 780, Docket 85-9031.

782 F.2d 24 (1986)

The GRIFFIN HOSPITAL, Plaintiff-Appellant, v. The COMMISSION ON HOSPITALS AND HEALTH CARE, Gardner Wright, Jr., Michael Fierri, and Nancy Watters, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 21, 1986.

Attorney(s) appearing for the Case

Jeffrey B. Sienkiewicz, Danbury, Conn. (Pinney, Payne, Van Lenten, Burrell, Wolfe & Dillman, P.C., A. Searle Pinney, of counsel), for plaintiff-appellant.

Thomas J. Ring, Asst. Atty. Gen., Hartford, Conn. (Joseph I. Lieberman, Atty. Gen., Richard J. Lynch, Asst. Atty. Gen., of counsel), for defendants-appellees.

Marshall R. Collins, Hartford, Conn., for amicus curiae Connecticut Business and Industry Ass'n.

Before KAUFMAN and CARDAMONE, Circuit Judges, and WYZANSKI, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

Determined to combat the rising tide of medical costs, the Connecticut legislature in 1984 enacted a comprehensive hospital regulatory scheme. Conn.Gen.Stat. §§ 19a-164 to 19a-165q. Pursuant to this plan, the Connecticut Commission on Hospitals and Health Care (the "Commission") is empowered to impose ceilings on the gross revenues of hospitals. The Griffin Hospital, a non-profit acute care facility, falls within the Commission...

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