McKEESPORT HOSP. v. ACCREDITATION COUNCIL

No. 93-3194.

24 F.3d 519 (1994)

MCKEESPORT HOSPITAL, v. The ACCREDITATION COUNCIL FOR GRADUATE MEDICAL EDUCATION, an Unincorporated Association; John T. Boberg, Ph.D. as Executive Secretary of the Accreditation Council for Graduate Medical Education, The Accreditation Council For Graduate Medical Education and John T. Boberg, Ph.D., Appellants.

United States Court of Appeals, Third Circuit.

Decided May 17, 1994.


Attorney(s) appearing for the Case

Richard S. Dorfzaun, David B. Fawcett, Jr., Dickie, McCamey & Chilcote, Pittsburgh, PA, Douglas R. Carlson (argued), Gary E. Dyal, Wildman, Harrold, Allen & Dixon, Chicago, IL, for appellants.

Robert V. Campedel (argued), Ann Baily, Doepken, Keevican, Weiss & Medved, Pittsburgh, PA, for appellee.

William M. Janssen, Saul, Ewing, Remick & Saul, Philadelphia, PA, for amici curiae American Bd. of Surgery, American Bd. of Colon and Rectal Surgery, American Bd. of Neurological Surgery, American Bd. of Orthopaedic Surgery, American Bd. of Plastic Surgery, American Bd. of Thoracic Surgery, and American Bd. of Urology.

Dorothy G. Harwood, Federation of State Medical Boards of U.S., Inc., Fort Worth, TX, for amicus curiae.

Janet Duffy Carson, Nat. Bd. of Medical Examiners, Philadelphia, PA, for amicus curiae.

Joyce McKeever, Office of Chief Counsel Pennsylvania Dept. of State, Harrisburg, PA, for amicus curiae Pennsylvania State Bd. of Medicine.

Jack R. Bierig, Sidley & Austin, Chicago, IL, for amici curiae American Medical Ass'n and American Dental Ass'n.

Before: BECKER and NYGAARD, Circuit Judges, and YOHN, District Judge.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

McKeesport Hospital brought this 42 U.S.C. § 1983 action against the Accreditation Council for Graduate Medical Education (the "ACGME") and the Executive Secretary of its residency review committee for surgery, alleging that their withdrawal of the accreditation of the Hospital's general surgery residency program violated due process. The district court entered a preliminary injunction blocking the accreditation...

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