# Eaton v. Grubbs

> Court of Appeals for the Fourth Circuit · April 1, 1964 · 329 F.2d 710

URL: https://www.frixlaw.com/law-library/cases/6926614

## Case

- **Full name:** Hubert A. EATON, Daniel C. Roane, Samuel James Gray, Vernetta E. Hussey and Leland M. Newsome, on behalf of themselves and others similarly situated v. Emory GRUBBS and the Board of Managers of James Walker Memorial Hospital, a body corporate
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** April 1, 1964
- **Citations:** 329 F.2d 710
- **Precedential status:** Published
- **Opinion:** Concurrence by Boreman
- **Judges:** Boreman, Haynsworth, Sobeloff
- **Cited by:** 51 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6926614

## How later opinions describe it (automated extraction)

- holding that a reverter clause in a deed of trust allowed the city to effectively exercise control of the facility to ensure that it was always used “as a hospital,” and that such ongoing city con- trol over use of property constituted sufficient state action to subject the ho…
- applying the Burton-Simkins analysis retroactively

## Opinion text

BOREMAN, Circuit Judge
(concurring) .
A majority of this court decided Sim-kins v. Moses H. Cone Memorial Hospital, 323 F.2d 959 (1963). I joined with Judge Haynsworth in a dissenting opinion. Subsequently, certiorari was denied by the Supreme Court of the United States. 1
Although I am still conscious of a lingering doubt as to the correctness of the holding in Simkins, I recognize the binding effect of that decision on the members of this court. The application of the principles therein declared unquestionably dictate the conclusions reached by Chief Judge Sobeloff and stated in his comprehensive written opinion in the instant case. Therefore, I unhesitatingly concur in the opinion and join in the judgment of reversal and remand.
. 84 S.Ct. 793 , March 3, 1964.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6926614. Public record. Not legal advice.