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MISHLER v. ST. ANTHONY'S HOSP. SYSTEMS

No. 79-2078.

694 F.2d 1225 (1981)

Alan J. MISHLER, M.D., Plaintiff-Appellant, v. ST. ANTHONY'S HOSPITAL SYSTEMS, a private non-profit corporation; Daniel Dracon, M.D., individually, and as Emergency Room Director of St. Anthony's Hospital Systems, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 2, 1981.

Attorney(s) appearing for the Case

Sidney W. DeLong of Dunn, Crane & Burg, Denver, Colo., for plaintiff-appellant.

Donald A. Klene of Casey, Klene, Horan & Wegs, Denver, Colo., for defendant-appellee St. Anthony's Hosp. Systems.

Brian J. Lampert, Denver, Colo. (Mary Butler also of Johnson & Mahoney, Denver, Colo., on the brief), for defendant-appellee Daniel Dracon, M.D.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Alan J. Mishler, M.D., appeals the district court's dismissal for lack of jurisdiction of his antitrust claims against St. Anthony's Hospital Systems (St. Anthony's or hospital) and its emergency room director, Daniel Dracon, M.D. The sole issue on appeal is whether Dr. Mishler pleaded facts sufficient to meet the jurisdictional requirements of the Sherman Act, 15 U.S.C. §§ 1, 2.

Dr. Mishler, a neurosurgeon, claims that the...

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