Court of Appeals for the Fourth Circuit November 1, 1963, No. 8908 (Simkins v. Moses H. Cone Memorial Hospital)

lead-opinion

SOBELOFF, Chief Judge.

The threshold question in this appeal is whether the activities of the two defendants, Moses H. Cone Memorial Hospital and Wesley Long Community Hospital, of Greensboro, North Carolina, which participated in the Hill-Burton program, are sufficiently imbued with *961“state action” to bring them within the Fifth and Fourteenth Amendment prohibitions against