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SPENCER v. LEE

No. 87-1203.

864 F.2d 1376 (1989)

William Allen SPENCER, Plaintiff-Appellant, v. Bumyong LEE, M.D., and St. Elizabeth Hospital, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Reheard September 27, 1988.

Decided January 3, 1989.

Attorney(s) appearing for the Case

Joel J. Africk, Jenner & Block, Chicago, Ill., for plaintiff-appellant.

Lynn D. Dowd, Thomas, Hinshaw & Culbertson, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

Reheard En Banc September 27, 1988.

POSNER, Circuit Judge.

Do a private physician and a private hospital act under color of state law, and therefore lay themselves open to suit under 42 U.S.C. § 1983, when they commit a mentally disturbed person? Adhering to Byrne v. Kysar, 347 F.2d 734 (7th Cir.1965), and Duzynski v. Nosal, 324 F.2d 924, 929-31 (7th Cir.1963), we hold they...

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