McCARTHY v. RECORDEX SERVICE, INC.

No. 95-1005.

80 F.3d 842 (1996)

Mary Ruth McCARTHY; Guy Colville; Edward Ormsby; Carmen Tomasetti; Joseph Hoffman, Appellants, v. RECORDEX SERVICE, INC.; Copyright, Inc.; Smart Corp., National Headquarters Medical Records Copying; Medfax Incorporated; Hospital Correspondence Copiers; Mercy Health Corporation of Southeastern Pennsylvania, Misericordia Hospital Division; Methodist Hospital; The Graduate Hospital; Hahnemann University Hospital; The Lower Bucks Hospital.

United States Court of Appeals, Third Circuit.

Decided April 4, 1996.


Attorney(s) appearing for the Case

Stephen R. Bolden (Argued), Richard C. Ferroni, Fell & Spalding, Philadelphia, PA, for Appellants.

Leslie M. Gerstein, Law Offices of Nancy D. Wasser, Philadelphia, PA, for Appellees Recordex Services, Inc., Copyright, Inc. and Medfax, Inc.

David H. Marion, David Zalesne, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Appellee Smart Corporation.

Christopher W. Mattson, Katherine B. Kravitz, Barley, Snyder, Senft & Cohen, Lancaster, PA, for Appellee Hospital Correspondence Copiers, Inc.

Alan M. Lieberman, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Appellee Mercy Health Corporation of Southeastern Pennsylvania, Misericordia Hospital Division.

Edward C. Mengel, Jr., White & Williams, Philadelphia, PA, for Appellee Methodist Hospital.

Anthony E. Creato, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, PA, for Appellee The Graduate Hospital.

Michael T. Scott (Argued), Martin H. Karo, Reed, Smith, Shaw & McClay, Philadelphia, PA, for Appellee Hahnemann University Hospital.

Jonathan B. Sprague, Kathleen Chancler, Post & Schell, Philadelphia, PA, for Appellee The Lower Bucks Hospital.

Before: STAPLETON, COWEN and GARTH, Circuit Judges.


OPINION

GARTH, Circuit Judge:

The instant appeal requires us to decide whether the plaintiff-clients, whose attorneys purchased photocopies of the clients' hospital records for the purpose of prosecuting their clients' personal injury and medical malpractice claims, have standing to bring an antitrust action against the sellers of the photocopies. We hold that such clients lack standing to bring a treble-damages claim because they are not "direct purchasers...

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