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BELMAR v. CIPOLLA

96 N.J. 199 (1984)

475 A.2d 533

JOSE BELMAR, M.D., PLAINTIFF-APPELLANT, v. JOSEPH CIPOLLA, M.D., SHIH-PIAU HSU, M.D., WELLINGTON HSIA, M.D., ANESTHESIA ASSOCIATES, A PARTNERSHIP, AND COMMUNITY HOSPITAL GROUP, INC., A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY, T/A JOHN F. KENNEDY MEDICAL CENTER, DEFENDANTS-RESPONDENTS. ARMANDO SULIT, M.D. AND YING BANG LIN, M.D., PLAINTIFFS-APPELLANTS, v. JOSEPH CIPOLLA, M.D., SHIH-PIAU HSU, M.D., WELLINGTON HSIA, M.D., ANESTHESIA ASSOCIATES, A PARTNERSHIP, AND COMMUNITY HOSPITAL GROUP, INC., A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY, T/A JOHN F. KENNEDY MEDICAL CENTER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 29, 1984.

Attorney(s) appearing for the Case

James J. Higgins argued the cause for appellants (Boyar & Higgins, attorneys).

Howard Gran argued the cause for respondents Joseph M. Cipolla, M.D., Shih-Piau Hsu, M.D., Wellington Hsia, M.D., and Anesthesia Associates (Abrams, Dalto, Gran, Hendricks & Reina, attorneys).

Stephen L. Abbott argued the cause for respondent Community Hospital Group, Inc. (Toolan, Romond, Abbott & Domenichetti, attorneys).

Mary K. Brennan argued the cause for amicus curiae New Jersey Hospital Association (Winne, Banta & Rizzi, attorneys; Peter G. Banta, of counsel; Robert M. Jacobs, on the brief).

The opinion of the Court was delivered by POLLOCK, J.

This case presents the question whether a hospital may enter into an exclusive contract with an anesthesiologist or group of anesthesiologists for the provision of all anesthesiological services at the hospital. In an unreported decision, the Chancery Division approved the right of the hospital to enter into such an exclusive contract and therefore dismissed plaintiffs' complaint that challenged the agreement....

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