DAVIDSON v. YOUNGSTOWN HOSPITAL ASSN.

No. 4751.

19 Ohio App. 2d 246 (1969)

DAVIDSON ET AL., APPELLANTS, v. YOUNGSTOWN HOSPITAL ASSOCIATION, APPELLEE.

Court of Appeals of Ohio, Mahoning County.

Decided September 16, 1969.


Attorney(s) appearing for the Case

Mr. Dennis Haines and Messrs. Green, Schiavoni, Murphy & Stevens, for appellants.

Mr. Eldon S. Wright and Messrs Harrington, Huxley & Smith, for appellee.


LYNCH, P. J.

This appeal concerns the questions of whether Youngstown Hospital Association, a private nonprofit charitable corporation, has the discretionary power to exclude licensed podiatrists from its staff and, in so excluding the plaintiffs, of whether it acted arbitrarily, unreasonably, capriciously and discriminatorily.

At the time of the trial in December, 1966, Section 4731.51, Revised Code (128 Ohio Laws 57, 58), provided as follows:

"The...

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