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FORT HAMILTON-HUGHESMEMORIAL HOSP. CENTER v. SOUTHARD

No. 83-50.

12 Ohio St. 3d 263 (1984)

FORT HAMILTON-HUGHES MEMORIAL HOSPITAL CENTER ET AL., APPELLEES, v. SOUTHARD, APPELLANT.

Supreme Court of Ohio.

Decided August 1, 1984.

Attorney(s) appearing for the Case

Messrs. Millikin & Fitton and Mr. Stanley D. Rullman, for appellee Fort Hamilton-Hughes Memorial Hospital Center.

Messrs. Millikin & Fitton and Mr. James S. Irwin, for appellee Sisters of Mercy of Hamilton, Ohio, Inc.

Messrs. Hopple, Wesp & Osterkamp, Mr. E. Joel Wesp, and Messrs. Crabbe, Brown, Jones, Potts & Schmidt, Mr. Ira Owen Kane and Mr. Carl Morgenstern, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Ms. Leslie A. Winters, urging reversal for amicus curiae, State Board of Chiropractic Examiners.

Messrs. Porter, Wright, Morris & Arthur, Mr. James E. Pohlman and Ms. Roberta Y. Bavry, urging affirmance for amicus curiae, Ohio State Medical Association.

Sanford, Fisher, Fahey, Boyland & Schwarzwalder Co., L.P.A., and Mr. Richard P. Fahey, urging affirmance for amicus curiae, State Medical Board.

Messrs. Bricker & Eckler and Mr. James J. Hughes, Jr., urging affirmance for amicus curiae, Ohio Hospital Association.

J. P. CELEBREZZE, J.

Central to the resolution of this cause is the interpretation of R.C. 3701.351. This statute provides in pertinent part:

"(B) The governing body of any hospital, in considering and acting upon applications for staff membership or professional privileges within the scope of the applicants' respective licensures, shall not discriminate against a qualified person solely on the basis of whether...

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