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OLTZ v. ST. PETER'S COMMUNITY HOSP.

Nos. 87-3944, 87-3945.

861 F.2d 1440 (1988)

Tafford E. OLTZ, Plaintiff-Appellee, v. ST. PETER'S COMMUNITY HOSPITAL, Defendant-Appellant. Tafford E. OLTZ, Plaintiff-Appellant, v. ST. PETER'S COMMUNITY HOSPITAL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 28, 1988.

Attorney(s) appearing for the Case

Michael J. Mulroney, Luxan & Murfitt, Helena, Mont., and Dan S. Bushnell, Kirton, McConkie & Bushnell, Salt Lake City, Utah, for defendant-appellant.

Urban L. Roth, Poore, Roth & Robinson, P.C., Butte, Mont. and Daniel S. Koch, McNally & Kurz, Washington, D.C., for plaintiff-appellee.

Before WRIGHT, WALLACE and HUG, Circuit Judges.

HUG, Circuit Judge:

This case concerns a Sherman Act § 1 claim for damages from an unlawful conspiracy among anesthesia service providers and the local hospital to enter an exclusive dealing contract and eliminate competition. By special verdict in a bifurcated trial, the jury found the defendant hospital liable and awarded damages of $421,831. The district court denied the hospital's motion for judgment notwithstanding the verdict or for a new trial on the issue...

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