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BALAKLAW v. LOVELL

No. 92-CV-817.

822 F.Supp. 892 (1993)

Lee A. BALAKLAW, Plaintiff, v. Robert M. LOVELL, Wessley D. Stisser, Donald Ames, Joseph Compagni, Jr., Ronald Denniston, Deborah Geibel, James Gibbs, William Greer, David Hempson, David Hunsinger, Bonnie Innerst, David Lundeen, Dean Mitchell, Gene Nacci, Joan Poskanzer, Charles Spaulding, Connie Swarr, Cortland Memorial Hospital, Inc. and the C.M.H. Group, Inc., Defendants.

United States District Court, N.D. New York.

As Amended June 2, 1993.

Attorney(s) appearing for the Case

Brown & Seymour, New York City, for plaintiff; Whitney N. Seymour, Jr. and Craig A. Landy, of counsel.

Costello, Cooney & Fearon, Syracuse, NY, for defendants; Frances A. Ciardullo, of counsel.

Mark Thomas, Albany, NY, for Hosp. Ass'n of State of N.Y. (HASNY) as amicus curiae.

Donald R. Moy, Lake Success, NY, for Medical Soc. of the State of N.Y. (MSSNY) as amicus curiae.

Higgins, Roberts, Beyerl & Coan, P.C., Schenectady, NY, for New York State Soc. of Anesthesiologists, Inc. (NYSSA) as amicus curiae; Charles J. Assini, Jr., of counsel.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

I. Background

Plaintiff Lee A. Balaklaw ("Balaklaw") commenced this action on June 26, 1992. On July 16, 1992, defendant Cortland Memorial Hospital (the "Hospital") moved to dismiss this complaint, and on August 4, 1992, plaintiff moved for a preliminary injunction. Following oral argument on August 28, 1992 in Albany, New York, the Hospital's motion to dismiss was denied and...

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