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MITCHELL v. FRANK R. HOWARD MEMORIAL HOSP.

Nos. 87-1913, 87-2069.

853 F.2d 762 (1988)

Winston A. MITCHELL, M.D.; Winston A. Mitchell, M.D., Inc., Plaintiffs-Appellants, v. FRANK R. HOWARD MEMORIAL HOSPITAL; Robert Harrah; Steven Wentworth, M.D., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1988.

Attorney(s) appearing for the Case

Arthur R. Chenen, Hirschtick, Chenen, Lemon & Curtis, Los Angeles, Cal., for plaintiffs-appellants.

Robert L. Rusky, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, Cal., Theodore A. Kolb, Sullivan, Roche & Johnson, San Francisco, Cal., for defendants-appellees.

Before GOODWIN, Chief Judge, CHOY, and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

From July 1980 until August 31, 1985, appellant Winston A. Mitchell served under oral contract as the radiologist for appellee Howard Memorial Hospital ("the Hospital"), a 38-bed facility that is the only hospital in the rural town of Willits, Mendocino County, California (pop. 4200). After the Hospital terminated its agreement with Dr. Mitchell and entered into an exclusive contract for hospital-based radiology services with Dr. Steven Wentworth...

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