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INGRAFFIA v. NME HOSPITALS, INC.

No. 90-3665.

943 F.2d 561 (1991)

Roy J. INGRAFFIA, M.D., Individually and as Roy J. Ingraffia, a Professional Corporation, Plaintiff-Appellee-Cross-Appellant, v. NME HOSPITALS, INC., d/b/a Northshore Regional Medical Center, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 4, 1991.

Attorney(s) appearing for the Case

Daniel Aubry Ranson, Thomas L. Gaudry, Jr., Leo R. Hemelt, Windhorst, Gaudry, Talley & Ranson, Gretna, La., for defendant-appellant-cross-appellee.

Donald L. Foret, Gary Michael Pendergast, Pendergast & Richards, New Orleans, La., for plaintiff-appellee-cross-appellant.

Before KING and DUHÉ, Circuit Judges, and SCHWARTZ, District Judge.

DUHÉ, Circuit Judge.

A physician sued a hospital for breach of his contract to furnish radiology services. The district court found that the hospital had breached the contract by limiting the physician's clinical privileges in violation of the contractual provision concerning termination. Finding that no contract was confected because of a lack of mutual consent, we reverse.

FACTS AND DISTRICT COURT PROCEEDINGS

In July 1984, Northshore Regional...

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