FLAGSTAFF MEDICAL CENTER, INC. v. SULLIVAN

Nos. 91-16583, 91-16624.

962 F.2d 879 (1992)

FLAGSTAFF MEDICAL CENTER, INC., Plaintiff, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, Defendant. Elizabeth MAZON, Leon Salazar, Jack Sabo, Maria Sandoval, Ruth Havatone, Quade Uqualla, and Aurora Petty, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. FLAGSTAFF HEALTH MANAGEMENT CORPORATION; Flagstaff Medical Center, Inc.; Louis W. Sullivan, Secretary, Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1992.

As amended June 2, 1992.


Attorney(s) appearing for the Case

John P. Schnitker, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant Secretary of the Dept. of Health and Human Services.

John P. Frank and Barbara A. Anstey, Lewis and Roca, Phoenix, Ariz., Kathleen O'Brien, Magnum, Wall, Stoops & Warden, Flagstaff, Ariz., for defendants-appellants Flagstaff Health Management Corp. and Flagstaff Medical Center, Inc.

Michele Melden, Nat. Health Law Program, Los Angeles, Cal., Susan Slasor, Coconino County Legal Aid, Flagstaff, Ariz., for plaintiff-appellee class.

Ronald N. Sutter, Powers, Pyles & Sutter, Washington, D.C.; Jeffrey M. Teske, American Hosp. Ass'n, Chicago, Ill., for amicus American Hosp. Ass'n.

Leslie E. Wallis, Tuttle & Taylor, Los Angeles, Cal., for amici Families, U.S.A. and Arizona Citizen Action.

Before: GOODWIN, FARRIS, and POOLE, Circuit Judges.


FARRIS, Circuit Judge:

This appeal requires us to answer important and pressing questions affecting the provision of free medical care to indigent people under the Hill-Burton Act. Flagstaff and the Secretary argue that this case is moot, that the district court erred in striking down the Secretary's 1988 regulation, and that the district court's remedies are inconsistent with the Act and underlying regulations. Flagstaff makes the additional argument that the plaintiff...

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