BATH MEMORIAL HOSPITAL, et al., Plaintiffs, Appellants,
v.
MAINE HEALTH CARE FINANCE COMMISSION, et al., Defendants, Appellees.
BATH MEMORIAL HOSPITAL, et al., Plaintiffs, Appellees,
v.
MAINE HEALTH CARE FINANCE COMMISSION, et al., Defendants, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 5, 1988.
Decided August 8, 1988.
Attorney(s) appearing for the Case
Joseph M. Kozak with whom Jay H. Krall and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., were on brief, for plaintiffs, appellants.
William F. Julavits, Gen. Counsel, John P. Doyle, Jr., and Preti, Flaherty, Beliveau & Pachios, Portland, Me., on brief, for Maine Hosp. Ass'n, amicus curiae.
Charles F. Dingman with whom Lucinda E. White, Augusta, Me., Suzanne M. Gresser, Richmond, Me., and Gail Drake Wright, Augusta, Me., were on brief, for Maine Health Care Finance Com'n.
T. Christopher Beach, Asst. Atty. Gen., with whom James E. Tierney, Atty. Gen., Augusta, Me., was on brief, for defendant, appellee Maine Dept. of Human Services.
Before BREYER and TORRUELLA, Circuit Judges, and FUSTE, District Judge.
United States Court of Appeals, First Circuit.
BREYER, Circuit Judge.
Several Maine hospitals asked the federal district court to declare unconstitutional, and to enjoin the application of, certain specific provisions of a Maine statute that regulates hospital charges. 28 U.S.C. §§ 2201, 1331 and 42 U.S.C. § 1983 (1982); Me.Rev.Stat.Ann. tit. 22, §§ 381-99 (Supp. 1987). The district court decided to "abstain" from deciding the federal questions...
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