ROCKEFELLER, GOVERNOR OF NEW YORK, ET AL.
v.
CATHOLIC MEDICAL CENTER OF BROOKLYN & QUEENS, INC., DIVISION OF ST. MARY'S HOSPITAL, ET AL.

U.S. | 1970-05-04
No. 1379
Mr. Justice Douglas concurs in the result.
397 U.S. 820 Supreme Court of the United States (1970) Caution
Cited by 36 cases

Per_curiam
Per Curiam.

Per Curiam.

The judgment appealed from does not include an order granting or denying an interlocutory or permanent injunction and is therefore not appealable to this Court under 28 U. S. C. § 1253. See Goldstein v. Cox, 396 U. S. 471. The judgment of the District Court is vacated and the case is remanded to that court so that it may enter a fresh decree from which timely appeal may be taken to the Court of Appeals. See Stamler v. Willis, 393 U. S. 407.

Mr. Justice Douglas concurs in the result.


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Cited By (17 total)

  • Mem'l Hosp. v. Maricopa Cnty., 415 U.S. 250 (U.S. 1974)
    …piro v. Thompson, 394 U. S., at 629. See Cantor, The Law and Poor People’s Access to Health Care, 35 Law & Contemp. Prob. 901, 909-914 (1970); cf. Catholic Medical Center v. Rockefeller, 305 F. Supp. 1256 and 1268 (EDNY 1969), vacated and remanded, 397 U. S. 820, aff’d on remand, 430 F. 2d 1297, appeal dismissed, 400 U. S. 931 (1970). HEW Report on Medical Resources, supra, n. 14, at 74. See generally Health, Message from the President, supra, n. 14; E. Kennedy, In Critical Condition: The Crises in America…
  • Gonzalez v. Automatic Emps. Credit Union, 419 U.S. 90 (U.S. 1974)
    …court order granting or denying an "interlocutory or permanent injunction,” we have in fact disclaimed jurisdiction over interlocutory orders denying permanent injunctions, Goldstein v. Cox, 396 U. S. 471, and Rockefeller v. Catholic Medical Center, 397 U. S. 820. While § 2281 requires a three-judge court where the injunction will operate against any state “statute,” we have construed the term narrowly, to include only enactments of statewide application, Moody v. Flowers, 387 U. S., at 101. Cf. King Mfg. C…
  • Mitchell v. Donovan, 398 U.S. 427 (U.S. 1970)
    …laratory relief . . . .” 300 F. Supp., at 1146. That leaves us with the question whether an order granting or denying, only a declaratory judgment may be appealed to this Court under § 1253. In a recent case, Rockefeller v. Catholic Medical Center, 397 U. S. 820, we gave a negative answer to that question, and we adhere to that decision. Section 1253 by its terms grants this Court jurisdiction only of appeals from orders granting or denying injunctions. While there are similarities between injunctions and d…

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