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F.T.C. v. HOSPITAL BD. OF DIRECTORS OF LEE COUNTY

No. 94-2642.

38 F.3d 1184 (1994)

FEDERAL TRADE COMMISSION, Plaintiff-Appellant, v. HOSPITAL BOARD OF DIRECTORS OF LEE COUNTY, d/b/a Lee Memorial Hospital; West Coast Health System, Inc.; Cape Coral Medical Center, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 30, 1994.

Attorney(s) appearing for the Case

David C. Shonka, Federal Trade Commission, Washington, DC, for appellant.

Joe Sims and Thomas F. Cullen, Jr., Jones, Day, Reavis & Pogue, Washington, DC, for appellees.

Before HATCHETT and BLACK, Circuit Judges, and YOUNG, Senior District Judge.

BLACK, Circuit Judge:

The Federal Trade Commission (Commission) brings this antitrust action to prevent the Hospital Board of Directors of Lee County (Board), d/b/a Lee Memorial Hospital (Lee Memorial), from acquiring the assets of Cape Coral Medical Center, Inc., which owns and operates Cape Coral Hospital (CCH). The Commission alleges that the acquisition would violate federal antitrust laws by substantially lessening competition in the acute healthcare market....

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