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BHAN v. NME HOSPITALS, INC.

Nos. 87-2727, 87-2951.

929 F.2d 1404 (1991)

Vinod C. BHAN, C.R.N.A., Plaintiff-Appellant, v. NME HOSPITALS, INC., a Delaware Corp., dba: Manteca Hospital, National Medical Enterprises, Inc., a Nevada Corp., California Society of Anesthesiologists, Inc., a California Corp., John E. Menaugh, Yong Suk, M.D., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1991.

Attorney(s) appearing for the Case

Timothy E. Morgan, San Francisco, Cal., H.E. Christian Peeples, Oakland, Cal., Michael I. Spiegel, Spiegel, Liao & Kagay, and Stephen Kaus, Kaus & Kerr, San Francisco, Cal., for plaintiff-appellant.

Robert Fabrikant, McKenna & Cuneo, Washington, D.C., and James J. Banks, Damrell, Damrell & Nelson, Michael C. Normoyle, Normoyle & Newman, Modesto, Cal., for defendants-appellees.

Before SNEED, SCHROEDER and CANBY, Circuit Judges.

SNEED, Circuit Judge:

This is an antitrust case concerning the exclusion of a class of nonphysician anesthesia providers from a hospital. Plaintiff Vinod Bhan charged the hospital with violations of §§ 1 & 2 of the Sherman Act.1 The district court granted summary judgment for defendants. Bhan appeals the summary judgment as well as discovery sanctions imposed by the magistrate. We affirm both rulings.

I.

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