Legal Opinion

Lakeside Mercy Hospital, Inc. v. Indiana State Board of Health

District Court, N.D. Indiana

Decided February 10, 1976No. Civ. F 75-68PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, District Judge.

This case is before the court on motions by each of the defendants to dismiss for lack of jurisdiction and for failure to state a claim upon which relief can be granted, Rules 12(b)(1) and (6), Fed.R.Civ.P., 1 and upon plaintiffs cross-motion for summary judgment, Rule 56, Fed.R.Civ.P. Defendants have submitted affidavits and other documentation in connection with their respective motions, such that the court may now treat these motions, where they rest on Rule 12(b)(6), as seeking relief under Rule 56. See Rule 12(b), Fed.R.Civ.P. 2

The…

2Cases cited15 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  4. Sierra Club v. MortonSupreme Court of the United States · 1972
  5. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970

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3Cited by10 opinions

  1. Ray McCarty and Genevieve McCarty v. Amoco Pipeline CompanyCourt of Appeals for the Seventh Circuit · 1979
  2. Charter Med. Corp. v. MISS. HEALTH PLAN. & DEV.Mississippi Supreme Court · 1978
  3. National Gerimedical Hospital and Gerontology Center v. Blue Cross of Kansas City, Blue Cross AssociationCourt of Appeals for the Eighth Circuit · 1980
  4. Wilmington United Neighborhoods, Edith Beck, John J. And Frances Bradley, Joseph J. Breen, Thomas X. Carroll, Joseph G. Dipinto, Ethel B. Tynes, Alice Wilson v. United States Department of Health, Education and Welfare, Amos M. Burke, as Director of the Bureau of Health Planning and Resources Development, Robert H. Sweeney, Delaware Health Council, Inc., Wilmington Medical Center, Inc. (d.c. Civil No. 77-0439). Wilmington Medical Center, Inc., a Non-Profit Corporation of the State of Delaware v. Joseph A. Califano, Jr., as Secretary of the Department of Health, Education and Welfare and Wilmington United Neighborhoods, (Defendant-Intervenor), (d.c. Civil No. 77-0480)Court of Appeals for the Third Circuit · 1980
  5. Canonsburg General Hospital v. CommonwealthCommonwealth Court of Pennsylvania · 1980

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