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DECKER v. IHC HOSPITALS, INC.

Nos. 91-4160, 91-4161.

982 F.2d 433 (1992)

Joseph F. DECKER, Plaintiff-Appellee, v. IHC HOSPITALS, INC., and Charles L. Doane, Merrill C. Daines, Lee S. Broadbent, Robert L. Jensen, C. Chris Friess, and Charles T. Swallow, Defendants-Appellants. Utah Hospital Association, American Hospital Association and Utah Medical Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 29, 1992.

Attorney(s) appearing for the Case

James W. Gilson (Scott C. Pugsley, of IHC Hospitals, Inc., Richard W. Casey, of Giauque, Crockett & Bendinger; and Charles W. Dahlquist, II, Merrill F. Nelson, and David B. Erickson, of Kirton, McConkie & Poelman, with him on the briefs), of IHC Hospitals, Inc., Salt Lake City, UT, for defendants-appellants.

David K. Isom (Curtis R. Hussey, of David K. Isom & Associates, with him on the brief), of David K. Isom & Associates, Salt Lake City, UT, for plaintiff-appellee.

Fredric J. Entin, Ila S. Rothschild, and Jeffrey M. Teske, of the American Hosp. Ass'n, Chicago, IL, Don B. Allen and Jonathan A. Dibble, of Ray, Quinney & Nebeker, of Salt Lake City, UT, Virginia H. Hackney, John Charles Thomas, and R. Hewit Pate, of Hunton & Williams, Richmond, VA, and Elliott J. Williams, of Williams & Hunt, Salt Lake City, UT, for the amici curiae.

Before TACHA and McWILLIAMS, Circuit Judges, and O'CONNOR, District Judge.

TACHA, Circuit Judge.

Defendants appeal a district court order denying their Rule 12(b)(6) motions to dismiss on the grounds of statutory immunity and plaintiff's failure to exhaust his administrative remedies. We dismiss the appeal for lack of appellate jurisdiction.

Dr. Joseph F. Decker initiated this action after the Logan Regional Hospital restricted his clinical privileges. He names as defendants the hospital's owner, IHC Hospitals, Inc., the hospital...

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