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COMMUNITY HOSP. OF ANDALUSIA, INC. v. TOMBERLIN

Civ. A. No. 83-T-099-N.

712 F.Supp. 170 (1989)

COMMUNITY HOSPITAL OF ANDALUSIA, INC., Plaintiff, v. Charles G. TOMBERLIN, M.D., Defendant.

United States District Court, M.D. Alabama, N.D.

February 28, 1989.

Attorney(s) appearing for the Case

Walter R. Byars and James A. Byram, Jr., Steiner, Crum & Baker, Montgomery, Ala., and Jerry E. Stokes, Andalusia, Ala., for plaintiff and third-party defendant.

Kevin David McDonald and Junius C. McElveen, Jones, Day, Reavis & Pogue, Washington, D.C., for plaintiff.

Frank Tipler, Tipler & Tipler, Andalusia, Ala., and Ray S. Bolze, William E. Wallace, Jr. and E. Lynn Malchow, Howrey & Simon, Washington, D.C., for Tomberlin.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff Community Hospital of Andalusia, Inc., which is located in Andalusia, Alabama, has brought this lawsuit seeking a declaration that, to the extent a 35-year exclusive contract between it and defendant Charles G. Tomberlin, M.D., a radiologist, binds the parties for more than five years, the contract violates §§ 1 and 2 of the Sherman Antitrust Act, 15 U.S.C.A. §§ 1, 2. Based...

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