Civ. No. 87-98-FR.

659 F.Supp. 784 (1987)

Katherine FISHER, D.O., Plaintiff, v. Otis BOWEN, Secretary of United States Department of Health and Human Services; Edward Martin, Director of Bureau of Health Care Delivery and Assistance; Kenneth Moritsugu, Chief, National Health Service Corps; Abbie Chandler and Kenneth Bahm, Regional Program Consultants, National Health Service Corps; Department of Health and Human Services, an agency of the United States of America; and the United States of America, Defendants.

United States District Court, D. Oregon.

May 4, 1987.

Attorney(s) appearing for the Case

Jonathan M. Hoffman, Martin, Bischoff, Templeton, Biggs & Ericsson, Portland, Or., for plaintiff.

Charles H. Turner, U.S. Atty., Jack G. Collins, Asst. U.S. Atty., Portland, Or., for defendants.

FRYE, Judge:

The matters before the court are the cross-motions for summary judgment filed by the plaintiff and the defendants.

Plaintiff, Katherine Fisher, filed this action against the federal defendants for mandamus and injunctive relief under 28 U.S.C. § 1361 seeking to require defendants to perform their duties under the Public Health Service Act, 42 U.S.C. §§ 254 et seq., and to declare the parties' rights and obligations under...

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