General

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

397 U.S. 820·Supreme Court of the United States·1970

Mr. Justice Douglas concurs in the result.

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Opinion

ROCKEFELLER, GOVERNOR OF NEW YORK, et al. v. CATHOLIC MEDICAL CENTER OF BROOKLYN & QUEENS, INC., DIVISION OF ST. MARY’S HOSPITAL, et al. No. 1379. Decided May 4, 1970 Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and George D. Zuckerman and Lloyd G. Milliken, Assistant Attorneys General, for appellants. James M. Hartman and Richard L. Epstein for apellees. [MAJORITY — 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.