Opinion · District Court, S.D. New York
American Hospital Ass'n v. Heckler
585 F. Supp. 541
- Type
- Opinion
- Court
- District Court, S.D. New York
- Jurisdiction
- New York
- Date
- 1984-05-23
- Topic
- general
MEMORANDUM AND ORDER BRIEANT, District Judge. Certain motions are presently pending before this Court for decision. See transcripts of hearings held March 23, 1984 and April 9, 1984. Cited by the parties is the recent opinion of our Court of Appeals in United States v. University Hospital, 729 F.2d 144 (2d Cir.1984), with respect to which there remains pending and undecided a motion by plaintiff-appellant for a rehearing en banc, filed March 8, 1984.
Citator
UpLaw has not yet analyzed American Hospital Ass'n v. Heckler. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 5 opinions
AMERICAN HOSP. ASS'N v. HECKLER, (S.D.N.Y. 1984)
585 F. Supp. 541
AMERICAN HOSPITAL ASSOCIATION, etc., Hospital Association of New York
State, etc. and Strong Memorial Hospital of the University of Rochester,
Plaintiffs, v. Margaret M. HECKLER, Secretary, U.S. Department of Health
and Human Services, Defendant.
AMERICAN MEDICAL ASSOCIATION, et al., Plaintiffs, v. Margaret M. HECKLER,
Secretary, U.S. Department of Health and Human Services, Defendant.
Nos. 83 Civ. 2638(CLB), 84 Civ. 1724(CLB).
United States District Court, S.D. New York.
May 11, 1984.
On Motions for Summary Judgment May 23, 1984.
West Page 542
Steven Bierman, New York City, Benjamin Heinman, Vincent Prada of Sidley Austin, Washington, D.C., for plaintiff, American Medical Ass'n.
Janis Farrell, Asst. U.S. Atty., S.D.N.Y., New York City, Noel Dennis, U.S. Dept. of Health and Human Services, Washington, D.C., for defendant.
MEMORANDUM AND ORDER
AfterUniversity Hospitalwas decided, the Supreme Court, on February 28, 1984, issued its opinion inGrove City College v.Bell,___ U.S. ___,104 S.Ct. 1211,79 L.Ed.2d 516. Because the Supreme Court opinion inGrove City Collegewas not available when the motions were heard, the Court invites the views of counsel to be expressed by supplemental memoranda, concerning the effect, if any, ofGrove City Collegeon these cases. Any such additional submissions should be received in Chambers, Room 2103, with proof of service, no later than May 29, 1984.
So Ordered.
MEMORANDUM AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT
There being no material facts in dispute, the motions by plaintiffs for summary judgment are granted. See transcripts of hearings on March 23, 1984 and April 9, 1984.
This consolidated case is directly controlled by the decision of our Court of Appeals inUnited States v. UniversityHospital,729 F.2d 144(2d Cir. 1984) (slip op.),motion forrehearing en banc denied,May 17, 1984.
The final regulations challenged by plaintiffs in this consolidated action, 45 C.F.R. § 84.55(b)-(e),49 Fed.Reg. 1622, et seq. (January 12, 1984), were promulgated solely under the purported authority of § 504 of the Rehabilitation Act of 1973,29 U.S.C. § 794, see 49 Fed.Reg. at 1622. Accordingly, in light ofUniversity Hospital, supra,they are invalid, unlawful and must be set aside pursuant to the Administrative Procedure Act,5 U.S.C. § 706(2)(C), because promulgated without statutory authority.
In light of the denial of reconsiderationen banc ofUniversity Hospital, supra,this Court finds it unnecessary to reach the constitutional issues raised by plaintiffs. Nor need the Court now consider the effect of the Supreme Court's decision inGrove City College v. Bell,___ U.S. ___,104 S.Ct. 1211,79 L.Ed.2d 516(1984), decided subsequent in time to the panel opinion inUniversity Hospital, supra.See our Memorandum and Order dated May 11, 1984.
Settle final declaratory judgment on five (5) days notice.
So Ordered.West Page 543