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ST. BERNARD GEN. HOSP. v. HOSP. SERVICE ASS'N

No. 82-3055.

712 F.2d 978 (1983)

ST. BERNARD GENERAL HOSPITAL, INC., Plaintiff-Appellant, v. HOSPITAL SERVICE ASSOCIATION OF NEW ORLEANS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 1983.

Attorney(s) appearing for the Case

Gibson Tucker, Jr., Gilbert Andry, New Orleans, La., for plaintiff-appellant.

Charles K. Reasonover, Pamela Pryor Mehle, New Orleans, La., for amicus Chalmette, etc.

John A. Stassi, II, New Orleans, La., for amicus St. Charles General.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Charles W. Lane, III, New Orleans, La., for defendant-appellee.

Before GEE, GARZA and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge.

St. Bernard General Hospital, Inc. (St. Bernard), a small, for-profit hospital in the New Orleans area, brought this antitrust suit, claiming restraint of trade by the Hospital Service Association of New Orleans, Inc.,1 the area Blue Cross licensee. 15 U.S.C. §§ 1, 15. The district court ordered an involuntary dismissal at the close of the plaintiff's case, Fed.R.Civ.P. 41(b). We reverse and...

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