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M & M MEDICAL SUPPLIES & SERVICE v. PLEASANT VALLEY HOSP.

No. 90-3100.

981 F.2d 160 (1992)

M & M MEDICAL SUPPLIES AND SERVICE, INCORPORATED, Plaintiff-Appellant, v. PLEASANT VALLEY HOSPITAL, INCORPORATED; Pleasant Valley Home Medical Equipment, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 1992.

As Amended January 20, 1993.

Attorney(s) appearing for the Case

James Allen Burt, Strong & Associates, P.C., Springfield, Mo., argued (Richard A. Bush, Bush & Trippel, Parkersburg, W.Va., on brief), for plaintiff-appellant.

John Earl Jenkins, Jr., Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., argued (Carroll W. Casto, Casto & Casto, L.C., Point Pleasant, W.Va., William G. Kopit, Epstein, Becker & Green, P.C., Washington, D.C., on brief), for defendants-appellees.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

BUTZNER, Senior Circuit Judge:

M & M Medical Supplies and Service, Inc. (M & M), a retail dealer in durable medical equipment (DME), appeals a summary judgment dismissing its antitrust action and pendent state claims against Pleasant Valley Hospital, Inc., and its subsidiary, Pleasant Valley Home Medical Equipment, Inc. (Equipment Company). M & M complains that the Hospital uses its access to patients to exclude a previously strong DME...

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