FOOTE v. COMMUNITY HOSPITAL OF BELOIT

No. 44,133

195 Kan. 385 (1965)

405 P.2d 423

DOCTOR JOHN J. FOOTE, Appellee, v. THE COMMUNITY HOSPITAL OF BELOIT, KANSAS, a Corporation; and some twenty-five individuals, named as defendants as being the Board of Directors of the Community Hospital, Beloit, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed August 9, 1965.


Attorney(s) appearing for the Case

Tweed W. Ross, of Beloit, argued the cause, and was on the brief for the appellants.

Frank C. Baldwin, of Concordia, argued the cause, and Clarence Paulsen, Dean L. Gibson, and William B. Buechel, all of Concordia, were with him on the brief for the appellee.

Lester M. Goodell, Marlin S. Casey, Ernest J. Rice, Murray F. Hardesty, Glenn D. Cogswell, Gerald L. Goodell, Wayne T. Stratton, Robert E. Edmonds, Arthur E. Palmer, and Thomas E. Wright, all of Topeka, and Kirke W. Dale and Donald Hickman, both of Arkansas City, were on the brief amici curiae for the Kansas Hospital Association and the Kansas Medical Society.


The opinion of the court was delivered by

HARMAN, C.:

Plaintiff, a doctor of medicine, brought this action in mandamus to compel his admittance as a surgeon on the medical staff of defendant hospital. The parties stipulated as to the facts and each side moved for summary judgment. The trial court sustained plaintiff's motion and directed defendant to admit plaintiff forthwith to its medical staff, from which order...

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