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MARLBOROUGH HOSPITAL v. COMMISSIONER OF PUBLIC WELFARE

346 Mass. 737 (1964)

196 N.E.2d 199

MARLBOROUGH HOSPITAL vs. COMMISSIONER OF PUBLIC WELFARE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 1964.

Attorney(s) appearing for the Case

Albert G. Tierney, Jr., for the petitioner.

David Lee Turner, Assistant Attorney General (James C. Doyle with him), for the respondent.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

WHITTEMORE, J.

Marlborough Hospital (the hospital) sought judicial review in the Superior Court of a decision of the Commissioner of Public Welfare under G.L.c. 118A, § 21. The controversy arose because of the refusal of the city of Marlborough to pay to the hospital the amount of its charges for a part of a patient's stay in the hospital.

In the Superior Court the hospital prevailed in all of its substantive contentions. The judge ruled (1) that the...

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