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BEARD v. PARKVIEW HOSP.

No. 89-3176.

912 F.2d 138 (1990)

James B. BEARD, Plaintiff-Appellant, v. PARKVIEW HOSPITAL; Gilbert S. Bucholz; and B.A. Zeiher, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1990.

Attorney(s) appearing for the Case

Harland M. Britz (argued), Britz & Zemmelman, Toledo, Ohio, for James B. Beard, D.O.

David W. Wicklund, Robert G. Clayton, Jr. (argued), Shumaker, Loop & Kendrick, Toledo, Ohio, for Parkview Hosp. and B.A. Zeiher, President.

Jamille G. Jamra (argued), Eastman & Smith, Toledo, Ohio, for Gilbert S. Bucholz, D.O.

Before KENNEDY and RYAN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

RYAN, Circuit Judge.

This appeal from a district court's grant of summary judgment presents two issues:

• Whether a tying arrangement, in violation of section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1, occurs where the supplier of the alleged tying service receives no direct economic benefit from sales of the tied service; and • Whether section 2 of the Sherman Antitrust Act, 15 U.S.C. § 2, is violated where a hospital...

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