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MILO v. CUSHING MUN. HOSP.

No. 86-1519.

861 F.2d 1194 (1988)

Emil B. MILO, M.D., and Donald L. Reid, M.D., Plaintiffs-Appellants, v. CUSHING MUNICIPAL HOSPITAL, an Oklahoma non-profit corporation, d/b/a Cushing Regional Hospital, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 22, 1988.

Attorney(s) appearing for the Case

D. Gregory Bledsoe (Cameron M. Spradling, of W.C. Sellers, Inc., Sapulpa, Okl., with him on the brief), Tulsa, Okl., for plaintiffs-appellants.

Dale Reneau (Robin A. Wiens, of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., with him on the brief), of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for defendants-appellees.

Before HOLLOWAY, Chief Judge, and McKAY and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This case involves the question whether a hospital's suspension of a physician's medical staff privileges constitutes the requisite state action to support a claim under 42 U.S.C. § 1983. The City of Cushing (City) owns Cushing Municipal Hospital (Hospital). The City leases the Hospital to the Cushing Hospital Authority (Authority), a public trust created pursuant to Oklahoma law. The Authority has entered into an operating agreement with...

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