HOSPITAL BLDG. CO. v. TRUSTEES OF REX HOSP.

No. 85-1165.

791 F.2d 288 (1986)

HOSPITAL BUILDING COMPANY, Appellant, v. TRUSTEES OF The REX HOSPITAL, a Corporation; Joseph Barnes; Richard Urquhart, Jr., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1986.


Attorney(s) appearing for the Case

John K. Train, III (Frank G. Smith, III, H. Stephen Harris, Jr., Alston & Bird, Atlanta, Ga., John R. Jordan, Jr., Charles Gordon Brown, William D. Bernard, Jordan, Brown, Price & Wall, Chapel Hill, N.C., on brief), for appellant.

Ray S. Bolze (Robert J. Brookhiser, Howrey & Simon, Washington, D.C., Noah H. Huffstetler, III, Dean M. Harris, Moore, Van Allen, Allen & Thigpen, Raleigh, N.C., on brief), for appellees.

Before WIDENER and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.


BUTZNER, Senior Circuit Judge:

Hospital Building Company (HBC) appeals from a judgment entered on a verdict exonerating the Trustees of Rex Hospital (Rex) and two of its officers from liability under sections 1 and 2 of the Sherman Act, 15 U.S.C. sections 1 and 2.1 In its principal assignment of error, HBC urges that Rex is not entitled to an affirmative defense for planning activities undertaken in good faith to avoid needless duplication...

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