Complaint

     [||93f92962-4567-4e1b-b724-37c6230ac9d0||] é 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., A 

Not-For-Profit Corporation 
and others similarly situated, 

Plaintiffs 

VS. 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not-For-Profit 

Corporation and DENIS E. RIBORDY, 
as President of the Board of . 

Directors, 

JOSEPH CALIFANO, as United States 

Secretary of Health, Education 
and Welfare, 

WILLIAM T. PAYNTER, M.D., as 

State Health Commissioner for the 

Indiana State Board of Health, 

JAMES WHITE, as Director of the 

Division of Hospital and 
Institutional Services of the 

Indiana State Board of Health, 

DAVID J. EDWARDS, M.D., as 

Director of the Health Facilities, 

Services and Review Development 
Bureau of the Indiana State Board 
of Health, and 

KIPTON KAPLAN, as Executive 

Director of the Northern Indiana 
Comprehensive Health Systems 
Agency, Inc., 

Defendants 

  

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Civil Action No. 

  

fy 7-7/5 

COMPLAINT 

 



    

1. 

Nature of Proceedings 
  

1. This is a class action for declaratory and injunctive 

relief brought by individuals and organizations representing 

Black, Hispanic and handicapped residents of Gary, Indiana 

against defendants' default of their obligations under Title 

. VI of the Civil Rights Act of 1964, 42 U.S.C. 8 20004 

(hereinafter Title VI); Title VI of the Public Health Services 

Act, 42 U.S.C. 8 29 (hereinafter Hill-Burton); 8 314 of the 

Public Health Services Act, 42 U.S.C. 8 246 (hereinafter 8 

314); 8 504 of the Rehabilitation Act as amended in 1973, 

29 U.S.C. 8 794 (hereinafter § 504); § 1122 of the Social 

Security Act, as amended in 1972, 42 U.S.C. 8 1320a-1 

(hereinafter s 1122); and to redress the deprivation of 

plaintiffs' rights under the Fifth and Fourteenth Amendments 

to the Constitution of the United States and the Civil Rights 

Act of 1871, 42 U.S.C. 8 1983. This action challenges the 

existence, perpetuation, and expansion of segregated and 

unequal hospital facilities operated by Methodist Hospital of 

Gary, Inc. It also challenges the approval of and granting of 

federal financial assistance to said facilities by defendants 

Secretary Califano, Commissioner Paynter, Richard Thompson, 

Deloris Wakefield and Director Kaplan. 

Il. 

2+ Jurisdiction is conferred on this Court by 28 U.S.C. 

88 1331, 1343 and 1361. Plaintiffs' claim for a declaration 

of rights is authorized by 28 U.S.C. 88 2201 and 2202. The 

amount in controversy exceeds, exclusive of interest and 

costs, the sum or value of $10,000. 

Til. 

3. (a) Plaintiffs bring this action as Rule 23 (a) 

and (b) (2) of the Federal Rules of Civil Procedure. Plaintiffs 

sue on behalf of themselves and all persons similarly 

ie 5} & 

 



»     

situated. The plaintiff class, for causes of action under 

| Title VI and 42 U.S.C. & 1983, is composed of all Black and 

Hispanic residents of Gary, Indiana who use, have used, or 

will use Gary Methodist Hospital and who are, have been, or 

will be injured by the creation, perpetuation, and expansion 

of a segregated hospital system. The plaintiffs' class for 

causes of action under Section 504 is composed of all 

handicapped residents of Gary, Indiana who use, have used or 

will use and are better served by facilities at Gary Methodist 

Hospital, and who are, have been or will be injured by the 

placement, removal to or expansion of facilities at Broadway 

Methodist Hospital. 

(b) the requirements of Rule 23 (a) and (b) (2) are 

satisfied: 

i) the class represented by plaintiffs is so 

numerous that joinder of all members is impracticable; 

ii) there are questions of law and fact common 

to all class members; 

1311) the claims of the named plaintiffs are 

typical of the claims of class members; 

iv) the named plaintiffs will fairly and 

adequately protect the interests of the class; 

Vv) final injunctive and declaratory relief 

with respect to the class as a whole is appropriate 

since defendants have acted or refuse to act on 

grounds generally applicable to the class. 

IV. 

Parties Plaintiff 
  

4, Plaintiff Richard Gordon Hatcher is a Black citizen 

and a resident of Gary. It is likely that he will require 

use of health facilities in the future. Plaintiff Hatcher 

is the duly elected Mayor of the City of Gary. As the chief 

 



  

   
executive officer of Gary, plaintiff Hatcher is responsible, 

inter alia, for assuring that the social service and health 
  

needs of his constituency, including members of the plaintiff 

class, are met. The enforcement of that responsibility is 

directly obstructed by the actions of defendants complained 

of herein. Plaintiff Hatcher has been harmed and will continue 

" to be harmed by the segregation and discrimination in the 

provision of health services by Methodist Hospital of Gary, 

Inc. 

Se Plaintiff Willie Lee Page is a 66 year old Black 

resident of Gary who has used the facilities of Gary Methodist 

Hospital. She has required and does require hospital treatment 

and it is likely that she will require use of hospital 

facilities in the future. She requires outpatient treatment 

that is unavailable at Gary Methodist Hospital and is injured 

by the necessity of having to have herself transported to 

Broadway Methodist Hospital in order to receive essential 

treatment. Plaintiff Page has been harmed and will continue 

to be harmed by the segregation of and discrimination in the 

provision of hospital services by defendant Methodist Hospital 

of Gary, Inc. : 

6. Plaintiff Metro Corps, Inc. is a not-for-profit 

corporation organized for the purposes, inter alia, of providing 
  

services for and helping meet the needs of the elderly, poor, 

handicapped and sick residents of Gary, including plaintiff 

Page and members of the plaintiff class. The constituency of 

plaintiff Metro Corp, Inc. includes the minority and handicapped 

residents of Gary who directly elect persons as their 

representatives to the Board of Directors of Metro Corps, Inc. 

In addition, members of the Board of Directors represent 

organizations whose members include elderly, handicapped and 

minority residents of Gary. Among the programs which Metro 

Corps, Inc. operates are Telecare and Escort Services. 

 



    

- Telecare is a program to contact senior citizens and handicapped 

persons, including members of the plaintiff class, to assure 

that their health needs are being met. Escort Services 

provides transportation and assistance without charge to 

the poor, elderly, handicapped, minority and sick persons 

of Gary, including members of the plaintiff class, who 

. require and are unable otherwise to obtain transportation 

to health facilities. Since the opening of Broadway Methodist 

Hospital, Escort Services has provided transportation to 

that facility for persons who require treatment at Broadway 

Methodist Hospital that is unavailable at Gary Methodist 

Hospital. Plaintiff Metro Corps, Inc. has in the past and 

will continue to be injured by the necessity of expending 

resources from its limited funds in order to transport persons 

to Broadway Methodist Hospital. Plaintiff Metro Corps, Inc. 

and its constituency, including members of the plaintiffs 

class, have been injured and will continue to be harmed by 

the segregation of an discrimination in the provision of 

health services by Methodist Hospital of Gary, Inc. 

V. 

Parties Defendant 
  

Defendant METHODIST HOSPITAL OF GARY, INC., is a 

not for-prot it corporation organized under the laws of the 

State of Indiana, which currently operates a 419-bed facility 

in the City of Gary (hereinafter "Gary Methodist") and a 

165-bed facility in Merrillville, a suburb of Gary (hereinafter 

"Broadway Methodist"). Methodist Hospital of Gary, Inc., is 

a recipient of federal funds under the Hill-Burton Act and 

the Medicare and Medicaid programs, and other federal programs. 

Methodist Hospital has received more than three million dollars 

in direct construction grants and more than eight million 

dollars in loan guarantees with interest subsidies under the 

Hill-Burton Program, including a grant and loan guarantee 

 



    
for the construction of Broadway Methodist. As a condition 

for the receipt of all federal funds, Methodist Hospital is 

subject to the requirements of Title VI and Section 504. In 

order to be eligible for reimbursement for capital expenditure 

under Medicare and Medicaid, Methodist Hospital of Gary is 

required to obtain approval of such expenditures pursuant to 

8 1122. Defendant DENIS E. RIBORDY is President of the Board 

of Directors of Methodist Hospital. 

8. Defendant JOSEPH CALIFANO is the United Statds 

Secretary of Health, Education and Welfare (hereinafter HEW) 

and has the responsibility for all federal programs administered 

by the United States Department of Health, Education and 

Welfare. Defendant HEW is responsible for the administration 

and enforcement of Title VI and s 504 pertaining to the 

disbursement of federal financial assistance to programs 

administered by HEW, including Hill-Burton grants and loan 

guarantees, health planning grants pursuant to % 314, and 

funds to local and state agencies which have entered into 

contracts under 8 1122. 

9. Defendant WILLIAM T. PAYNTER, M.D., is State Health 

Commissioner of the Indiana State Board of Health (hereinafter 

"State Agency"). Pursuant to a contract with the federal 

government under 8B 1122, a division of the State Agency, 

the Health Facilities, Services and Review Development Division 

(hereinafter "HFSRD"), has the duty to make and submit to HEW 

findings and recommendations with respect to the propriety 

of capital expenditures proposed by any health care facility 

in the State of Indiana which receives federal reimbursements 

under Medicare and Medicaid. Another division of the State 

Agency, the Division of Hospital and Institutional Services, 

has the duty to make and submit to HEW findings and recommendations 

with respect to application for Hill-Burton grants and loan 

guarantees with interest subsidies for hospital and medical 

 



    

facilities. Pursuant to § 314, the State Agency receives federal 

funds for the purpose of comprehensive and continued planning 

for current and future health needs. 

10. Defendant KIPTON KAPLAN, as Executive Director of 

the Northern Indiana Health Systems Agency, Inc., (hereinafter 

"HSA") has the responsibility under 8 1122 to make and submit 

to the HFSRD findings and recommendations with respect to the 

propriety of capital expenditures proposed by any health care 

facility in Lake County, Indiana, which receives federal 

reimbursement under Medicare and Medicaid. Pursuant to the 

contract between the HFSRD and HEW, the HSA receives federal 

funds from HEW to perform this function pursuant to § 1122 

of the Social Security Act. The HSA also receives federal 

funds for the purpose of developing comprehensive regional, 

metropolitan area, or other local area plans for coordination 

of existing and planned health services, including the 

facilities and persons required for provision of such services. 

VI. 

Statement of Facts 
  

A. 

il. Methodist Hospital of Gary, Inc., has operated the 

Gary Methodist Hospital, located in the City of Gary, since 1923. 

12. In the early 1970's Methodist Hospital of Gary, Inc., 

committed itself to constructing a second hospital facility 

in a suburb of Gary. 

13. The first stage of the planned facility was construction 

of a 150-bed acute care general hospital, named Broadway 

Methodist Hospital, which was completed in December, 1975, at a 

cost of approximately 18 million dollars. Methodist Hospital 

of Gary, Inc., has plans to expand the facility to a 450-bed 

hospital complex. y 

14. Broadway Methodist Hospital is located in Merrillville, 

Lake County, Indiana, an overwhelmingly white suburb approximately 

 



   
fifteen miles south of Gary Methodist Hospital. Approximately 

63% of the population of Gary, Indiana is Black and Hispanic. 

Approximately 72% of the elderly residents of the areas served 

by both facilities reside in the City of Gary; many of them 

suffer physical disabilities which substantially limit life 

activities within the meaning of 5 504. 

15. Eighty percent of the patients treated at Gary 

Methodist Hosoital are Black and Hispanic while only 10% of 

the patients treated at Broadway Methodist Hospital are Black 

and Hispanic. Similarly, the overwhelming majority of the 

staff at each facility mirrors the race of the patients served. 

B. 

16. The construction of the Broadway Methodist Hospital, 

and its proposed expansion, have had and will continue to 

have the purpose and effect of creating a hospital system 

which excluded persons from, denies them the benefit of; and 

otherwise discriminates against and segregates them on the 

basis of race, national origin and physical handicap: 

(a) defendants located the new Broadway facility 

in an area populated overwhelmingly by whites and removed from 

the City of Gery with its concentration of Blacks, Hispanics 

and elderly and handicapped persons; 

(b) defendants have assigned and otherwise employed 

personnel in he Broadway and Gary facilities on a racially 

segregated an otherwise discriminatory basis; 

(c) defendant have installed at the Broadway facility 

modern and cr tical facilities (e.g., radiation equipment for 

the treatment of cancer) which are not available at the Gary 

facility, and not accessible to the minority and handicapped 

residents of Gary by public transportation; 

(d) defendants have adopted policies and practices 

and have designed the new facility so as to-assure racial 

 



    

segregat: ind discrimination (e.g., the Broadway facility offers 

private-i occupancy only). 

C. 

17, hodist Hospital of Gary, Inc., constructed 

Broadway >dist Hospital with a Hill-Burton grant of 

$1,152,50 1 a Hill-Burton guarantee on a loan for $14,336,000 

"with an i: st subsidy totalling $6,900,000. When Methodist 

Hospital o! ry, Inc., submitted its Hill-Burton application 

for approval neither the local agency which was the predecessor 

of the HSA nc - the State Agency considered the impact of the 

new facility on the minority and handicapped residents of 

Gary before they recommended that the application be approved. 

18. HEW approved the Hill-Burton loan and grant 

application of Methodist Hospital of Gary, Inc., to construct 

Broadway Methodist Hospital without considering whether the 

new hospital would create a segregated, dual hospital system 

which would discriminate against the minority and handicapped 

residents of Gary. 

19. Methodist Hospital of Gary, Inc., submitted another 

application in 1976 for 8 1122 approval and a Hill-Burton 

grant and loan guarantee for an $8,143,370 project. The 

majority of the funds in this project are to be used to expand 

the facilities at Broadway Methodist Hospital. 

20. The HSA recommended to the State Agency that it 

recommend to HEW, approval of the expansion plan and the 

Hill-Burion application. The HSA made no findings as to the 

effect of the grant of the application on the minority and 

handicapp residents of Gary, the effect since the opening 

of the Br dway Methodist Hospital on the minority and 

handicapp residents of Gary, or the comparative quality 

of care a Gary Methodist Hospital and Broadway Methodist 

Hospital. 

 



    

21. Thereafter, the State Agency recommended to the 

Secretar of HEW that he approve Methodist Hospital of Gary, 

Inc.'s, « xpansion plan and Hill-Burton application. The 

State Ag ncy made no findings as to the effect of the grant 

of the aj blication on the minority and handicapped residents 

of Gary, the effect since the opening of Broadway Methodist 

Hospital »n the minority and handicapped residents of Gary, 

or the comparative quality of care at Gary Hospital and 

Broadway ethodist Hospital. 

22, HEW received objections from several sources, 

including some of the named plaintiffs, to the approval of 

Hill-Burt )n funds for the Methodist Hospital of Gary, Inc. 

The objec ions specifically opposed the approval of the application 

on the grounds, inter alia, that Methodist Hospital of Gary, 
  

Inc., was operating a dual, segregated hospital system and 

was provi ing inferior health care to the poor and minority 

residents of Gary. In its reply to these objections, HEW 

admitted nat racial segregation "is a reality;" that it 

relies up 1 the HSA for evaluations; and that the HSA "made 

no attemp to compare the quality of care at both institutions 

[Broadway 1ethodist Hospital and Gary Methodist Hospital]." 

HEW has cc‘ 1tinued to refuse to find that a segregated hospital 

system vic lates the civil rights of plaintiffs and the class 

they repr« sent. 

23. [EW gave civil rights' clearance to the 1976 proposal, 

and granted the Hill-Burton application. In so doing, HEW 

approved the continuation and expansion of a hospital system 

which discriminates against persons, including the named 

plaintiffs, on the basis of race, color, national origin or 

physical handicap. 

24. Plaintiffs believe that in light of HEW's approval 

of the 1976 application over the objections of numerous residents 

ll 

 



  

   
of Gary, including some of the named plaintiffs and HEW's view 

of its responsibilities under controlling law, any further 

efforts to seek HEW enforcement of Title VI, to protect their 

statutory and constitutional rights would be futile. 

vil. 

Causes of Ac¢tion 
  

25. Defendant Methodist Hospital of Gary, Inc., is 

violating Title VI and its implementing regulations, 42 U.S.C. 

1983, 42 C.P.R., 53.112 and 8 504 by: 

(a) having engaged and engaging in policies and 

practices which discriminate against and segregate persons on 

the basis of race, color, national origin, or physical 

handicap; 

(b) failing to comply with specific assurances which 

it made to HEW regarding its obligations under Title VI. 

26. Defendant HEW has violated its duties to enforce 

Title VI, and the rights of plaintiffs and the plaintiff 

class by: 

(a) approving and providing federal funds for 

the construction of Broadway Methodist Hospital by Methodist 

Hospital of Gary, Inc., which violated and is violating 

Title VI and its implementing regulations and 8 504; 

(b) failing to enforce the assurances submitted 

by the Methodist Hospital of Gary, Inc.; 

(c) approving the $8.1 million loan guarantee 

and interest subsidy under the Hill-Burton Act; 

(d) failing to enforce the civil rights provision 

of regulations under the Hill-Burton Act, 42 C.F.R. § 53.112; 

(e) continuing to grant federal financial assistance 

to defendant Methodist Hospital of Gary under Medicare and 

Medicaid; 

(f) approving the recommendation of the 8 1122 Agency 

for proposed capital expenditure of Broadway Methodist Hospital; 

(g) approving regulations under 8 1122 of the Social 

Security Act which fail to require that proposals under 8 1122 

“ll 

 



  

comply with Title VI and its implementing regulations, and 

8 504; 

(h)’ entering into an agreement with defendant State 

Agency which does not include methods of administration to 

ensure that proposals under 8 1122 and applications for 

Hill-Burton funds are not approved unless they comply with 

Title VI, and 8 504. 

(1) failing to enforce the site selection provision 

to civil rights' regulations, 45 C.F.R. 88 80.3 (b) (3), 84.4 

(b) (5) against recipients of federal financial assistance 

including the defendant Methodist Hospital of Gary, Inc., and 

failing to require State and local agencies receiving federal 

financial assistance, including the State Agency and the HSA, to 

enforce the site selection provision of civil rights' 

regulations; and 

(3) failure to enforce Title VI and its implementing 

regulation against State and local planning agencies developed 

pursuant to 8 314(a) and 8 314(b), and Title XV of the National 

Health Planning and Resource Development Act of 1974, 42 u.s.C. 

8 300k et seq. 

27. Defendant Paynter, State Health Commissioner for the 

State Agency, defendant White, as Director of the Division of 

Hospital and Institutional Services, and defendant Edwards, 

as Director of the Health Facilities, Services and Review 

Development Division, have violated Title VI, and 8 504 by: 

(a) recommending the approval of the application 

of defendant Methodist Hospital of Gary, Inc., for an $8.1 

million loan guarantee; | 

(b) recommending the approval ol the Methodist 

Hospital of Gary, Inc.'s, proposal for capital expenditure 

pursuant to 8 1122; | 

(c) failing to adopt methods of administration 

under the Hill-Burton program, 8 314 and § 1122 which assure 

-12- 

 



    

4 

health facilities such as Broadway Methodist Hospital not be 

approved unless they comply with Title VI, and 8 504. 

28. Defendant Kaplan, Director of the HSA has violated 

Title VI by: 

(a) approving the 8 1122 application of defendant 

Methodist Hospital of Gary which is in violation of Title VI, 

‘and § 504; 

(b) performing their functions pursuant to 8 314 (b) 

and Title XV without consideration of and in violation of 

  

Title VI. 

Vill. 

Prayer For Relief 

29. WHEREFORE, plaintiffs respectfully pray that this 

Court enter judgment: 

(a) declaring that the policies of Methodist 

Hospital of Gary, Inc., complained of herein violate rights 

secured by Title V1 of the Civil Rights Act of 1964, 42 U.S.C. 

8 20004, the Civil Rights Act of 1871, 42 u.s.C. B 1983, and 

Section 504 of the Rehabilitation Act as amended in 1973, 

29 U.S.C. § 794. 

(b) declaring that HEW's grant of federal financial 

assistance of Gary Methodist Hospital, which discriminates 

against and segregates persons on the basis of race, color, 

national origin, or physical handicap violates rights guaranteed 

by Title VI, and § 504; 

(c¢) declaring that the Hill-Burton and § 314 State 

plans, including the plans of defendant State Agency, approved 

by HEW and which lack methods of administration to assure 

civil rights compliance, violate Title VI; 

(d) declaring that the § 1122 agreement between 

the Secretary and State Agency, whieh lacks methods of 

administration to assure civil rights compliances and means 

of avoiding segregation and discrimination, violates Title 

VI, and § 504; 

-]l3=~ 

 



  

6 | 

  

(e) declaring that the findings and recommendations 

of the State Agency and the Health Facilities, Services and 

Development Review Division under 8 1122 with respect to the 

1976 proposal of Methodist Hospital of Gary, Inc., are 

deficient under Title VI, and 8 504; 

(f) declaring that the development of comprehensive 

' regional metropolitan and local health service and facility 

plans by State and local agencies, pursuant to 8 314 and 

Title XV of the Public Health Services Act, 42 U.S.C. 88 246 

and 300(d), which do not consider methods and plans of 

avoiding segregation and discrimination, violate Title VI; 

(g) enjoining Methodist Hospital of Gary from 

engaging in policies and practices which discriminate against 

and segregate persons on the basis of race, color, national 

origin or physical handicap in violaiton of the rights of 

plaintiffs and the class they represent under Title VI, 42 

U.S.C. 8 1983, and § 504; 

(h) enjoining Methodist Hospital of Gary to take 

affirmative action to overcome the effects of their present 

and past discriminatory actions, such affirmative action to 

include, inter alia:   

i) ceasing all planned and future expansion 

of Broadway Methodist Hospital; 

ii) placing all new equipment and services 

in Gary Methodist Hospital; 

iii) submission of a plan to the Court and 

HEW outlining steps which shall be taken to assure 

the desegregation of the staff and patient popu- 

lations at Gary Methodist Hospital and Broadway 

Methodist Hospital; 

iv) providing transportation to minority 

and handicapped patients, visitors and employees 

who are residents of Gary who desire to go to or 

to work at Broadway Methodist Hospital; 

ll 

 



i b 

  

(1) enjoining the Secretary from engaging in 

policies and practices which deprive the plaintiffs and the 

class they represent of rights secured by Title VI, and § 

504, including, but not limited to, orders: 

1) enjoining the Secretary from refusing or 

failing to ensure that recipients of federal financial 

assistance, including Methodist Hospital of Gary, 

Inc., do not segregate or discriminate against 

persons on the basis of race, color, national origin 

or physical handicap; 

ii) enjoining the Secretary to enforce the 

site selection provision of the Title VI regulations 

45 C.F.R. 8B 80.3(b) 3 with respect to all recipients 

of federal financial assistance, including Methodist 

Hospital of Gary, Inc.; 

iii) enjoining the Secretary from granting 

federal financial assistance to Methodist Hospital 

of Gary, Inc., in connection with grants and loan 

guarantees for use at Broadway Methodist Hospital 

as long as it segregates and discriminates against 

persons in the provision of services on the basis 

Of race, color, national origin, and physical handicap; 

iv) enjoining the Secretary, in administering 

the Hill-Burton Act and its successor law, Title 

XVI of the Public Health Services Act, 42 U.S.C. § 

3000 et seqg., & 314 and its successor law Title XV 

of the Public Health Services Act, 42 U.S.C. S§ 

300k, et seq., and § 1122 to assure that requirements 

of Title VI and 8 504 are met; 

Vv) enjoining the Secretary to amend methods 

of administration, programs, operations and 

procedures to assure that all recipients of federal 

financial assistance comply with the requirements 

of Title VI and Section 504; 

   



% w 

  

vi) enjoining the Secretary to require all 

State and local agencies receiving federal financial 

assistance under continuing programs, including the 

Indiana State Board of Health and the Northern Indiana 

Health Systems Agency, Inc., and others to enforce 

the site selection provisions of the Title VI 

regulations; 

vii) enjoining the Secretary to ensure that the 

development of comprehensive regional, metropolitan 

and local health service and facility plans by State 

and local agencies pursuant to 8 314 and Title XV 

of the Public Health Services Act, 42 U.S.C. 88 246 

and 300k, consider methods and plans to avoid 

segregation and discrimination; 

viii) enjoining the Secretary from refusing or 

failing to have the State agency promulgate methods 

of administration which assure that all recipients 

of federal financial assistance comply with the 

requirements of Title VI and Section 504; 

ix) enjoining the Secretary from granting and 

continuing federal financial assistance to Methodist 

Hospital of Gary, Inc. in connection with grants 

and loan guarantees for use at Broadway Methodist 

Hospital, until the actions listed in sub-paragraph 

24 (h) above are met. 

(J) awarding costs and reasonable attorneys' fees; 

(k) granting such additional relief as the Court 

deems just and equitable. 

Respectfully submitted, 

JACK GREENBERG 

MELVYN R. LEVENTHAL 

BETH J. LIEF 

10 Columbus Circle 

New York, New York 10019 

  

-] fm 

 



    

w 

JULIAN B. ALLEN 

CHARLES B. MILLER 

2009 Broadway 
Gary, Indiana 46407 

MARILYN G. ROSE 

CHRISTINE B. HICKMAN 

1751 N. Street, N.WV. 

Washington, D.C. 20036 

Attorneys for Plaintiffs 

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