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HOSPITAL COUNCIL v. CITY OF PITTSBURGH

No. 91-3035.

949 F.2d 83 (1991)

The HOSPITAL COUNCIL OF WESTERN PENNSYLVANIA, Appellant, v. CITY OF PITTSBURGH, County of Allegheny, City of Erie and City of Johnstown, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 15, 1991.

Attorney(s) appearing for the Case

Seymour J. Schafer, Markel, Schafer and Means, PC, Pittsburgh, Pa., David L. McClenahan (argued), David R. Cohen, Kirkpatrick & Lockhart, Pittsburgh, Pa., for appellant, The Hosp. Council of Western Pennsylvania.

Howard J. Schulberg (argued), Asst. City Sol., Mary K. Conturo, City Sol., for appellee, City of Pittsburgh.

James J. Dodaro, County Sol., Ira Weiss, Deputy County Sol., George M. Janocsko (argued), Caroline Liebenguth, Asst. County Solicitors, Allegheny County Law Dept., Pittsburgh, Pa., for appellee, County of Allegheny.

Gerald J. Villella (argued), City Sol., Erie, Pa., for appellee, City of Erie.

Samuel F. Rizzo, Johnstown, Pa., for appellee, City of Johnstown.

Before BECKER and ALITO, Circuit Judges and HUYETT, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

The Hospital Council of Western Pennsylvania appeals from an order dismissing its complaint on two alternative grounds: lack of associational standing and abstention under Middlesex County Ethics Committee v. Garden State Bar Association, 457 U.S. 423, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982). We will reverse.

I.

The Council filed a complaint in the United States...

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