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LIE v. ST. JOSEPH HOSP. OF MOUNT CLEMENS, MICH.

No. 91-1950.

964 F.2d 567 (1992)

Robert S. LIE, Dr., Plaintiff-Appellant, v. ST. JOSEPH HOSPITAL OF MOUNT CLEMENS, MICHIGAN, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 20, 1992.

Attorney(s) appearing for the Case

John B. Spitzer (argued and briefed), Toledo, Ohio, for plaintiff-appellant.

Gregory G. Drutchas (briefed), Susan Healy Zitterman (argued and briefed), Jeremiah J. Kenney, Brian R. Garves, Kitch, Saurbier, Drutchas, Wagner & Kenney, Detroit, Mich., for defendants-appellees.

Before: MERRITT, Chief Judge; RYAN, Circuit Judge; and FORESTER, District Judge

MERRITT, Chief Judge.

Plaintiff, Dr. Robert S. Lie, brought an antitrust action against St. Joseph's Hospital and the doctors who participated in the staff privileges decision that resulted in suspension of his surgical privileges at St. Joseph's Hospital. The question before this Court is whether, in order to make out a case under section 1 of the Sherman Act, 15 U.S.C. § 1, a plaintiff must show that the defendant has market power in order to show an unreasonable...

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