KOTTLE v. NORTHWEST KIDNEY CENTERS

No. 96-36258.

146 F.3d 1056 (1998)

Sheldon P. KOTTLE, Plaintiff-Appellant, v. NORTHWEST KIDNEY CENTERS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1998.


Attorney(s) appearing for the Case

Mark G. Olson, Everett, Washington, for the plaintiff-appellant.

Douglas C. Ross, Davis Wright Tremaine, LLP, Seattle, Washington, for the defendant-appellee.

Before: THOMPSON and TASHIMA, Circuit Judges, and STAGG, District Judge.


TASHIMA, Circuit Judge.

In this case we apply the Noerr-Pennington doctrine in the context of an administrative proceeding. Specifically, we must determine whether the scope of the "sham" exception is different in an administrative proceeding than in litigation.

I. Background1

In 1979, the State of Washington enacted the Health Planning and Resource Development...

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