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McKENZIE v. MERCY HOSP. OF INDEPENDENCE, KANSAS

No. 85-1732.

854 F.2d 365 (1988)

Steve L. McKENZIE, D.O., Plaintiff-Appellant, v. MERCY HOSPITAL OF INDEPENDENCE, KANSAS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 1988.

Attorney(s) appearing for the Case

Leonard R. Frischer, Overland Park, Kan. (James T. McIntyre of Turner and Boisseau, Chartered, Wichita, Kan., on the brief), for plaintiff-appellant.

Wyatt A. Hoch (Jerry G. Elliott with him on the brief) of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for defendant-appellee.

Before HOLLOWAY and McKAY, Circuit Judges, and BURCIAGA, District Judge.

McKAY, Circuit Judge.

Dr. Steve L. McKenzie appeals from the district court's grant of summary judgment dismissing his antitrust claims against Mercy Hospital of Independence, Kansas.1 Dr. McKenzie, a doctor of osteopathy licensed by the state of Kansas, was granted conditional staff privileges at Mercy Hospital in 1978. His privileges were renewed with conditions in 1979 and 1980 and without conditions in 1981 and 1982. However, in late...

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