Legal Opinion
Community Psychiatric Centers of Oregon, Inc. v. Grant
Court of Appeals for the Ninth Circuit
Decided December 28, 1981No. Nos. 80-3357, 80-3365PublishedCited by 2 opinions
1Opinion of the Court
MERRILL, Circuit Judge.
This case involves construction of the National Health Planning & Resources Development Act of 1974, 42 U.S.C. § 300k et seq. The question presented is whether that Act grants to a provider of hospital services an implied private right of action against another provider to prevent the latter from offering new institutional health services until it has, as prescribed by the Act, obtained the state certificate that there is a need for such services. We hold that there is no such right of action.
The Act at the outset makes its purpose clear. In its first subsection, §…
2Cases cited6 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Davis v. PassmanSupreme Court of the United States · 1979
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- California v. Sierra ClubSupreme Court of the United States · 1981
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
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3Cited by2 opinions
- Powers v. Pa. Dept. of HealthCommonwealth Court of Pennsylvania · 1988
- Community Psychiatric Centers of Oregon, Inc. v. GrantCourt of Appeals for the Ninth Circuit · 1981