Madry v. Sorel

JOHN R. BROWN, Chief Judge: Doctor Madry attacked his 1966 suspension from the Brevard Hospital on the grounds that (i) as a Hill-Burton financed project the conduct of the Board of Governors was invested with requisite state action,1 42 U.S.C.A. § 1983, and (ii) that the suspension was constitutionally invalid for want of adequate, timely notice of the charges, accompanied by an opportunity for a fair hearing in which witnesses could be confronted and cross-examined. On the basis of pretrial depositions and affidavits, which were opposed in part by counter affidavits from the hospital board, Dr. Madry moved for summary judgment including a mandatory injunction for reinstatement.2 The Trial Court denied3 the motion and Dr. Madry appeals. We dismiss the appeal for want of jurisdiction, there being no appealable order.