CRANE v. INTERMOUNTAIN HEALTH CARE, INC.

No. 78-1346.

637 F.2d 715 (1980)

A. Peter CRANE, M.D., Plaintiff-Appellant, v. INTERMOUNTAIN HEALTH CARE, INC. and Sidney G. Garrett, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 8, 1980.

On Rehearing January 20, 1981.


Attorney(s) appearing for the Case

Daniel L. Berman, Salt Lake City, Utah (Gary F. Bendinger and Berman & Giauque, Salt Lake City, Utah, with him on briefs), for plaintiff-appellant.

Bruce Findlay, Salt Lake City, Utah (Dan S. Bushnell, Kirton, McConkie, Boyer & Boyle, Kenneth W. Yeates and Vancott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, with him on brief), for defendants-appellees.

Before DOYLE, BREITENSTEIN and McKAY, Circuit Judges.


On Rehearing En Banc January 20, 1981.

BREITENSTEIN, Circuit Judge.

This appeal attacks the dismissal of an action charging violations of § 1 of the Sherman Act, 15 U.S.C. § 1. The trial court held that subject matter jurisdiction was lacking because the restraint alleged had no substantial effect on interstate commerce. We affirm.

Plaintiff-appellant Crane is a pathologist. Defendant-appellee Intermountain Health Care, Inc., owns and operates...

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