BARNEY v. HOLZER CLINIC, LTD.

No. 95-4263.

110 F.3d 1207 (1997)

Teresa BARNEY and Randy Barney, Plaintiffs-Appellants, Bonita Waldron, on behalf of themselves and others similarly situated, Intervenor-Appellant, v. HOLZER CLINIC, LTD., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 8, 1997.


Attorney(s) appearing for the Case

Edward A. Icove (argued), Lustig, Icove & Lustig, Cleveland, OH, Timothy J. Foran (briefed), Gary M. Smith, and Ann Sessums Rubin, Southern Ohio Legal Services, New Philadelphia, OH, for Appellants.

David M. Selcer (argued and briefed) and Joseph C. Devine, Baker & Hostetler, Columbus, OH, for Appellee.

Thomas W. Osborne (briefed), American Association of Retired Persons, Wsahington, DC; John S. Marshall, Spater, Gittes, Schulte & kolman, Columbus, OH; and Jack R. Bierig (briefed), Sidley & Austin, Chicago, IL, for Amici Curiae.

Before: WELLFORD, DAUGHTREY, and MOORE, Circuit Judges.


MOORE, Circuit Judge.

This class action presents the novel question of whether the Equal Credit Opportunity Act's antidiscrimination provisions prohibit a medical clinic from refusing to accept new patients whose bills will be paid by Ohio's Medicaid program. For the reasons discussed below, we hold that they do not. We do, however, believe that clear violations of Federal Rule of Civil Procedure 23 demand that we take the unusual step of addressing sua sponte the...

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