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TODOROV v. DCH HEALTHCARE AUTHORITY

No. 89-7569.

921 F.2d 1438 (1991)

Alexandre B. TODOROV, M.D., individually and Neurology Clinic P.C., an Alabama Professional Corporation, Plaintiffs-Appellants, v. DCH HEALTHCARE AUTHORITY; The Radiology Clinic; William A. Askew; William A. Askew, M.D., P.C.; William A. Bright; and John G. Kahler, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 29, 1991.

Attorney(s) appearing for the Case

J. Paul Whitehurst, Tuscaloosa, Ala., for plaintiffs-appellants.

Michael S. Burroughs, Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, Ala., for Radiology Clinic, Wm. A. Bright, John G. Kahler, Wm. A. Askew and Wm. A. Askew, M.D., PC.

William J. Donald, Donald, Randall, Donald & Hamner, William J. Donald, III, Tuscaloosa, Ala., for DCH Healthcare Authority.

Before TJOFLAT, Chief Judge, ANDERSON, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

TJOFLAT, Chief Judge:

This is an appeal from a grant of summary judgment. Two questions are presented: first, whether a hospital and the radiologists on its medical staff, for the purpose of preventing competition for the provision of radiological services at the hospital, denied a neurologist the privilege to perform a procedure in the hospital's radiology department in violation of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2 (1988); and, second...

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