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ST. BERNARD GEN. HOSP., INC v. HOSPITAL SERVICE ASS'N

No. 74-2186.

510 F.2d 1121 (1975)

ST. BERNARD GENERAL HOSPITAL, INC., Plaintiff-Appellant, v. HOSPITAL SERVICE ASSOCIATION OF NEW ORLEANS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 7, 1975.

Attorney(s) appearing for the Case

Gibson Tucker, Jr., Jerald N. Andry, Charles A. O'Niell, Jr., New Orleans, La., for plaintiff-appellant.

Charles W. Lane, III, Harry S. Hardin, III, New Orleans, La., for defendants-appellees.

Before BELL, THORNBERRY and GEE, Circuit Judges.

THORNBERRY, Circuit Judge:

This is an appeal from a judgment dismissing an antitrust complaint for want of federal jurisdiction. We reverse and remand.

The facts necessary to our decision were well stated by the district court in an unpublished opinion, from which we generously borrow for purposes of our statement of the case. The plaintiff, St. Bernard General Hospital, Inc., ("St. Bernard"), instituted this suit as a class action to recover treble damages...

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