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HOSPITAL BLDG. CO. v. TRUSTEES OF REX HOSP.

No. 81-1134.

691 F.2d 678 (1982)

HOSPITAL BUILDING COMPANY, Appellee, v. TRUSTEES OF the REX HOSPITAL, a Corporation; Joseph Barnes; Richard Urquhart, Jr., Appellants, North Carolina Hospital Association and The State of North Carolina, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1982.

Rehearing and Rehearing Denied January 7, 1983.

Attorney(s) appearing for the Case

Ray S. Bolze, Washington, D. C. (Mark W. Pennak, Ronald K. Perkowski, Howrey & Simon, Washington, D. C., Thomas W. Steed, Jr., Noah H. Huffstetler, III, Allen, Steed & Allen, P. A., Raleigh, N. C., on brief), for appellants.

John K. Train, III, Atlanta, Ga. (Frank G. Smith, III, Leah J. Sears-Collins, Alston, Miller & Gaines, Charles Gordon Brown, Atlanta, Ga., John R. Jordan, Jr., Jerry S. Alvis, William M. Trott, Young, Moore, Henderson & Alvis, Raleigh, N. C. on brief), for appellee.

W. C. Harris, Jr., Harris, Cheshire, Leager & Southern, Raleigh, N. C., on brief, for amicus North Carolina Hospital Ass'n.

Rufus L. Edmisten, Atty. Gen. of N. C., William F. O'Connell, Sp. Deputy Atty. Gen., Robert L. Hillman, Asst. Atty. Gen., Raleigh, N. C., on brief, for amicus curiae The State of North Carolina.

Before HALL, PHILLIPS and CHAPMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 7, 1983.

CHAPMAN, Circuit Judge:

This appeal is from a $7.3 million dollar treble damages judgment against appellants Trustees of Rex Hospital, Joseph Barnes and Richard Urquhart, Jr. The judgment was entered after a six week jury trial in the District Court for the Eastern District of North Carolina. The jury returned a verdict for appellee Hospital Building Company ("HBC") on its claims under sections 1 and...

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