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SAMS v. OHIO VALLEY GENERAL HOSPITAL ASSOCIATION

No. 12983.

413 F.2d 826 (1969)

James E. SAMS, Jack L. Paradise, and Daniel J. Birmingham, Appellants, v. OHIO VALLEY GENERAL HOSPITAL ASSOCIATION, a Corporation, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 18, 1969.

Attorney(s) appearing for the Case

Jeremy C. McCamic, Wheeling, W. Va., (McCamic & McCamic, Wheeling, W. Va., on the brief) for appellants.

John D. Phillips and D. Paul Camilletti, Wheeling, W. Va., (Chester R. Hubbard, II, Wheeling, W. Va., on the brief) for appellees.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Appellants are three physicians who have been refused staff appointments and enjoyment of privileges in two hospitals in Wheeling, Ohio County, West Virginia, under a common rule:

"Except under extraordinary circumstances, physicians having their offices and practice outside of Ohio County shall not be eligible for staff appointment or hospital privileges."

The two institutions are the Ohio Valley General Hospital...

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