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DOOLEY v. BARBERTON CITIZENS HOSPITAL

No. 83-40.

11 Ohio St. 3d 216 (1984)

DOOLEY, APPELLANT, v. BARBERTON CITIZENS HOSPITAL, APPELLEE.

Supreme Court of Ohio.

Decided June 27, 1984.

Attorney(s) appearing for the Case

Messrs. Johnson & Helmuth, Mr. R. J. Helmuth and Ms. Taryn L. Stambaugh, for appellant.

Messrs. Roetzel & Andress, Mr. K. R. Aughenbaugh and Mr. Jeffrey J. Casto, for appellee.

Messrs. Bergson, Borkland, Margolis & Adler, Mr. Howard Adler, Mr. Edward J. Westbrook, Messrs. Sinrod & Tash and Mr. Werner Strupp, urging reversal for amicus curiae, American Podiatry Association.

Messrs. Vorys, Sater, Seymour & Pease, Mr. James P. Friedt and Ms. Anne C. Griffin, urging reversal for amicus curiae, Ohio Podiatry Association.

Messrs. Bricker & Eckler and Mr. Richard C. Pfeiffer, Jr., urging affirmance for amicus curiae, Ohio Hospital Association.

LOCHER, J.

The issue before us is whether Barberton Citizens Hospital, through its by-laws, illegally discriminated against appellant, a licensed Doctor of Podiatric Medicine because of his practice as a podiatrist. For the reasons set forth below we find such discrimination had occurred. Accordingly we reverse the court of appeals and remand as hereinafter set forth.

This cause has witnessed a number of transformations in the hospital's by-laws. Because of...

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