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SUGARBAKER v. SSM HEALTH CARE

No. 98-2742, 98-2743.

190 F.3d 905 (1999)

Stephen P. SUGARBAKER, M.D., Appellant/Cross-Appellee, v. SSM HEALTH CARE, d/b/a St. Marys Health Center, Cross-Appellant/Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 19, 1999.

Attorney(s) appearing for the Case

Bartholomew Lawrence McLeay, Omaha, Nebraska, argued (Richard P. Jeffries, Omaha, Nebraska, and Gregory Hancks, Kansas City, Missouri, on the brief), for Appellant.

David Harris, St. Louis, Missouri, argued (John E. Petite, Dawn Morville Johnson and Carolyn Bernstein, St. Louis, Missouri, on the brief), for Appellee.

BEFORE: BEAM and HANSEN, Circuit Judges, and KOPF, District Judge.

HANSEN, Circuit Judge.

St. Marys Health Center (St.Marys) restricted and then terminated the staff privileges of Dr. Stephen P. Sugarbaker. In response, Dr. Sugarbaker filed suit alleging that St. Marys' actions violated federal antitrust laws, as well as various Missouri state laws. The district court2 granted summary judgment in favor of St. Marys on the basis of immunity under the Health Care Quality Improvement Act of 1986 (HCQIA)...

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