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FOUR CORNERS NEPHROLOGY ASSOC. v. MERCY MEDICAL

No. 08-1231.

582 F.3d 1216 (2009)

FOUR CORNERS NEPHROLOGY ASSOCIATES, P.C., a New Mexico professional corporation, and Dr. Mark F. Bevan, Plaintiffs-Appellants, v. MERCY MEDICAL CENTER OF DURANGO, a Colorado not-for-profit corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 29, 2009.

Attorney(s) appearing for the Case

Howard Feller of McGuire Woods LLP, Richmond, VA (Kristen M. Calleja of McGuire Woods LLP; and James E. Hartley and Conor F. Farley, of Holland & Hart, LLP, Denver, CO, with him on the briefs), for Plaintiffs-Appellants.

Mark L. Sabey (Peter A. Sabey with him on the brief), of Kutak Rock LLP, Denver, CO, for Defendant-Appellee.

Before HENRY, Chief Circuit Judge, and HOLLOWAY and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

To provide Durango, Colorado, residents and Southern Ute Indian tribe members with greater access to kidney dialysis and other nephrology services, Mercy Medical Center, a non-profit hospital, together with the tribe, sought to entice Dr. Mark Bevan to join the hospital's active staff. When Dr. Bevan declined, the hospital hired somebody else. To convince that physician and others to settle in Durango, and aware that starting a nephrology practice...

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