(Download) "Memorial Medical Center, Inc. v. Tatsch Construction, Inc." by In the Supreme Court of the State of New Mexico # Book PDF Kindle ePub Free
eBook details
- Title: Memorial Medical Center, Inc. v. Tatsch Construction, Inc.
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 16, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
1 Appellant Memorial Medical Center Incorporated (MMCI), a private corporation, challenges the district courts holding that it is subject to the Public Works Minimum Wage Act (PWMWA), NMSA 1978, 13-4-10 to -17 (1963, as amended through 1999), and the Procurement Code (PC), NMSA 1978, 13-1-28 to -199 (1984, as amended through 1999). MMCI argues the district court applied the wrong standard in determining the applicability of the PWMWA and the PC and contends that under the correct standard it is not subject to either the act or the code. The Court of Appeals certified this case pursuant to NMSA 1978, 34-5-14(C)(2) (1972), which allows the Court of Appeals to certify matters that involve "an issue of substantial public interest that should be determined by the supreme court." This case requires us to identify the appropriate standard to be used in determining whether private non-profit corporations that lease hospitals from government entities meet the definition of "political subdivision," 13-4-11, or "local public bod[y]," 13-1-30, and are therefore subject to the above acts. We hold the standard to be applied when determining whether a private entity should be considered a "political subdivision," 13-4-11, or "local public bod[y]," 13-1-30, is whether under the totality of the circumstances the private entity is so intertwined with a public entity that the private entity becomes an alter ego of the public entity. Because the district court applied a different standard, we remand for further proceedings.
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