SANDCREST OUTPATIENT SERV. v. CUMBERLAND CTY. HOSP.

No. 87-1713.

853 F.2d 1139 (1988)

SANDCREST OUTPATIENT SERVICES, P.A., Plaintiff-Appellant. v. CUMBERLAND COUNTY HOSPITAL SYSTEM, INC.; SunHealth Management Corporation; John Briggs; Franklin Clark; Wayne Whetsell; Doug Henley; Perry Harmon; Tom McCuthcheson, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1988.

Rehearing and Rehearing Denied September 15, 1988.


Attorney(s) appearing for the Case

Elizabeth Fairbank Kuniholm (John R. Edwards, Marian R. Hill, Tharrington, Smith & Hargrove, Raleigh, N.C., on brief), for plaintiff-appellant.

Michael Terry Medford (Howard E. Manning, Manning, Fulton & Skinner, Raleigh, N.C., on brief), John Gilbert Shaw (Clark, Shaw, Clark, Lingle & Anderson, Fayetteville, N.C., J. Phil Carlton, David W. Long, Susan Kelly Nichols, Poyner & Spruill, John Huske Anderson, James G. Billings, Robin K. Vinson, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Richard T. Boyette, Theodore B. Smyth, Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog, Raleigh, N.C., on brief), for defendants-appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation; WILKINSON, Circuit Judge, and BUTZNER, Senior Circuit Judge.


Rehearing and Rehearing In Banc Denied September 15, 1988.

POWELL, Associate Justice:

The issue presented is whether the district court erred in granting summary judgment in favor of appellees on the question whether they were entitled to immunity from damages pursuant to the Local Government Antitrust Act of 1984. We also consider whether it was improper for the district court to have stayed all discovery, and whether the district court abused its discretion...

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