Evening star., 1938-09-22
c. H. LAW MOVE
FORECASTS FIGHT
|NSUPREME COURT
Dismissal of Complaint by
Three Physicians Asked
by Association.
CHALLENGE DOCTORS
PROPERTY INTERESTS
Association Attorneys Also Deny
Their Standing in Public's
Behalf.

A motion to dismiss the bill Of COM
plant against the Group Health Asso-
ciation, Inc, filed recently by three
prominent Washington physicians, was
on file today lin District Court, FORE
shadowing fight over socialized medi-
cine that eventually will land in the
Supreme Court of the United States,
in the opinion Of observers The ply
sicians-Drs. Sterling Rufin, Prentiss
Wilson and Elijah w. Titus-accused
the G. H. A. Of practicing medicine
without proper authority and sought
an injunction.
In District Court yesterday after
noon Attorneys A. Blaine York and
E. K. Neumann fled the motion to
dismiss the bill OF complaint, con-
tending that the doctors were with
out proper standing in court and that
they have failed to show any property
damage because Of G. H. AS actions.
Some attorneys believe that this Is
only the prelude to an appeal to the
United States Court of Appeals, as
some hold that District Court will be
bound by the recent ruling of Justice
Jennings Bailey, holding that the G.
H. A. Is neither unlawfully engaged
in the practice Of medicine nor is 1t
violating the Districts insurance laws.
Then, observers say. whichever side
would lose in the appellate tribunal
would appeal to the Supreme Court
of the United States.
The G. H. A. argued, in its motion
to dismiss the bill of complaint, that
the pleading shows the District Court
Is without Jurisdiction; that the doc
tors have no right or interest in the
subject matter Of the suit which would
entitle them to the relief prayed; that
the bill fails to show lne plaintiffs
have any property interests in which
they have sustained a loss or to which
loss has been threatened" the
plaintiffs have no standing in equity
as representatives Of the public inter-
est"
In Its motion to dismiss the bill
G. H. A. argued further that the
plaintiffs are not proper parties and
have no standing in equity as indi-
viduak or representatives Of a class
OF medical practitioners to maintain
this action"
G. H. A. told District Court that
the plaintiffs are not proper parties
to enJoln and restrain the defendant,
Group Health Association, Inc. from
illegally and without warrant of law
allegedly violating the provisions of
the Healing Arts Practice Act, for
the reason that it does not appear
on the face of the bill that the
plaintiffs have any property interest
injured by any such alleged activity
OF the defendants sufficient to give
the plaintiffs standing in equity: that
the plaintiffs are further prevented
from maintaining this action since the
District Code provides that no in
junction shall be entertained against
an alleged unlicensed practitioner in
advance Of conviction of such alleged
unlicensed practitioner of violation
Of the Healing Arts Practice Act
and nowhere in plaintiffs bill is
it alleged that the defendant has
been SO convicted"
Justice Bailey in the latter part Of
July handed down an opinion award
ing .declaratory judgment to G. H.
A., the court was told. when United
States Attorney David A. Pine and
Supt. of Insurance j. Balch Moor
sought to prove in District Court that
G. H. A. was illegally engaged in the
practice of medicine and in allegedly
violating the insurance laws here.