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COASTAL NEURO-PSYCHIATRIC ASSOC. v. ONSLOW CTY. HOSP.

No. 84-51-Civ-4.

607 F.Supp. 49 (1985)

COASTAL NEURO-PSYCHIATRIC ASSOCIATES, P.A., Ellis F. Muther, M.D., Clarence E. Ballenger, III, M.D., and Mack D. Jones, M.D., Plaintiffs, v. ONSLOW COUNTY HOSPITAL AUTHORITY, Defendant.

United States District Court, E.D. North Carolina, New Bern Division.

January 21, 1985.

Attorney(s) appearing for the Case

John M. Martin, White, Allen, Hooten & Hodges, Kinston, N.C., Noel L. Allen, Barringer, Allen & Pinnix, Raleigh, N.C., for plaintiffs.

Thaddeus B. Hodgdon, Hollowell & Silverstein, Raleigh, N.C., Alex Warlick, Jr., Warlick, Milsted, Dotson & Carter, Jacksonville, N.C., for defendant.

ORDER

DUPREE, District Judge.

Plaintiffs brought this antitrust action pursuant to Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2.1 They assert that defendant has improperly restricted use of its computerized axial tomography (hereafter "CAT Scan") equipment to certain radiologists to the exclusion of all others. Before the court at this time is defendant's motion to dismiss on grounds of insufficiency of...

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