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NEWSOM v. VANDERBILT UNIVERSITY

No. 75-126-NA-CV.

453 F.Supp. 401 (1978)

Callie Mae NEWSOM, on her own behalf and on behalf of all others similarly situated v. VANDERBILT UNIVERSITY, Mary Jane Livingston Gunter, Director of Health Care Survey Construction, Tennessee Department of Public Health, Eugene W. Fowinkle, M.D., Commissioner of the Tennessee Department of Public Health and Joseph Califano, Secretary of Health, Education and Welfare.

United States District Court, M. D. Tennessee, Nashville Division.

June 1, 1978.

Attorney(s) appearing for the Case

Gordon Bonnyman, Legal Services of Nashville, Nashville, Tenn., Andreas Schneider, National Health Law Program, Washington, D. C., Joseph J. Levin, Jr., Pamela S. Horowitz, Southern Poverty Law Center, Montgomery, Ala., for plaintiffs.

C. Hayes Cooney, Asst. Atty. Gen., State of Tenn., Nashville, Tenn., for Gunter & Fowinkle.

Hal D. Hardin, U. S. Atty., Nashville, Tenn., Carol C. Conrad, Senior Atty., Public Health Division, HEW, Rockville, Md., for Califano.

MEMORANDUM

MORTON, Chief Judge.

I. INTRODUCTION

This action was filed on April 14, 1975, by plaintiff Callie Mae Newsom under Titles VI and XVI of the Public Health Service Act. Title VI, 42 U.S.C. §§ 291-291o-1, (officially the Hospital Survey and Construction Act of 1964) is commonly and widely known as the Hill-Burton Act. Title XVI, 42 U.S.C. §§ 300o-300t, is a portion of the National Health Planning and Resources...

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