Evening star., 1938-08-12
THREE PHYSICIANS
FILE SUIT TO BAR
G.H.A.'SPRACT|CE
Prominent Trio Declares
Bailey Ruling Contrary
to Settled Law
ITS ACTIVITIES HELD
TOBE 'ENCROACHMENT'
Action Taken in Face of Threat
by Justice Bureau to Bring
Medical Body to Court.

BACKGROUND
Group Health Association, Inc,
medical cooperative caring for
5000 patients, was upheld as legal
in District Court on July 20 fol-
loWing threats by laU-entorcement
officials to dissolue it for allegedly
Uioldttng Insurance and Healing
Arts Acts.
Department of Justice has start
ed nloUe to bring District Medical
Society and American Medical As
soci1tion before Federal grand jury
on charges of violating antitrust
lnws through alleged monopoly
practices against G. H. A.
Declaring Justice Jennings Bailey's
recent decision upholding the opera.
tfons of Group Health Association.
Inc, to be contrary to settled princi-
pies of law" three prominent mem.
bers of the medical profession here
filed suit in equity in District Court
today to restrain and enjoin G. H. A.
from engaging in the practice of med
icine here.
The plaintiffs are Drs. Sterling
Rufiin, Prentiss Wilson and Elijah w.
Titus. They took the position In the
suit that they we're not parties to the
friendly suit" instituted by Group
Health under the Declaratory Jude-
ment Act and. therefore. are not
bound by the decree entered by JUS
tice Bailey.
In the suit the physicians sought to
enjoin Group Health from engaging
in activities which constitute "an in
fringement and encroachment upon
the franchises granted to each Of the
plaintiffs herein and all other licen-
tiates similarly engaged in the prac-
tice of medicine and surgery in the
District :"
The doctors asserted the decree
entered by Justice Bailey on July 29
"is erroneous, is without warrant OF
law. and is contrary to settled prin-
ciples of the law"
Answer to U. S. Threat.
They stated that. inasmuch as the
Group Health court proceedings were
in the nature of friendly suit it
is hoped that in the suit instituted
today there will be a real contest OF
the grave and important questions in
volved, and that the final determine
ton thereof by the court of last resort
will set at rest all legal questions in
volved in the operation OF Group
Health
The suit was entered in the face OF
a threat by the Justice Department
to bring the District Medical Society
and the American Medical Association
before a Federal grand jury to deter
mine whether they had violated the
antitrust laws in alleged monopoly
practices against Group Health Asso-
citation. The department held out the
alternative of an olive branch in the
form of consent decree If the
organized medical profession would
cease it's alleged illegal acts.
Commenting on today's suit. Will
liam C. Kirkpatrick. president of
Group Health Association. said:
we are not disturbed by the action
of the three physicians named in the
bill of complaint. Our legal status
has been determined by final decree
in a court of competent jurisdiction,
which decree decided that Group
Health Association, Inc, is not engaged
in the practice of medicine, is grounded
on such sound principles of law that
the Department of Justice has deemed
it inadvisable to appeal.
1T is regrettable that members Of
the medical fraternity should continue
in their attempts to harass this asso-
citation in its humanitarian work"
Meanwhile it was said in legal
circles that the logical next move
would be for G. H. A. AS defendant to
file a motion to dismiss the suit. This
would bring it up for argument on
questions of law involved, and it prob
ably would be heard in october term
Of court.
District Court now is sitting in sum-
mer session, with only one Judge in
Motions Court, Equity Court and Grim
inal Court. Various justices will sit
for short periods during the balance
of the summer, and the October term
will convene on the first Tuesday
of that month.
Should G. H. A. not file the motion
to dismiss. the suit would take its
(See GROUP HEALTH, Page A-3)