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LUGO v. MILLER

Nos. 78-3478, 78-3479.

640 F.2d 823 (1981)

Refugio LUGO et al., Plaintiffs-Appellants Cross-Appellees, v. G. William MILLER et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 28, 1981.

Attorney(s) appearing for the Case

John P. Worcester, R. Michael Frank, Advocates for Basic Legal Equality, Toledo, Ohio, Marilyn Rose, Center for Law and Social Policy, Washington, D. C., for plaintiffs-appellants cross-appellees.

James R. Williams, U. S. Atty., Toledo, Ohio, John M. Cunningham, M. Carr Ferguson, Gilbert Andrews, Leonard Henzke, U. S. Dept. of Justice, Tax Division, Appellate Section, Washington, D. C., for defendants-appellees cross-appellants.

Before BOYCE F. MARTIN, Jr., Circuit Judge, CELEBREZZE, Senior Circuit Judge and JOINER, District Judge.

CELEBREZZE, Senior Circuit Judge.

Plaintiffs-appellants (hereinafter plaintiffs), a group of low income individuals, brought this class action in 1974 on behalf of all persons unable to afford hospital services, against the Secretary of the Treasury, the Commissioner of Internal Revenue, and seven Ohio hospitals.1 Plaintiffs asserted that Revenue Ruling 69-545, which announced an Internal Revenue Service policy of extending favorable tax...

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