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ASKEW v. DCH REGIONAL HEALTH CARE AUTHORITY

No. 92-6880.

995 F.2d 1033 (1993)

James D. ASKEW, Ginger Buck, Phillip Mahan, Plaintiffs-Appellees, v. DCH REGIONAL HEALTH CARE AUTHORITY, West Alabama General Hospital, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 19, 1993.

Attorney(s) appearing for the Case

Thad G. Long, Michael R. Pennington, John E. Goodman, Bradley Arant Rose & White, and Frank S. James, III, Lee H. Zell and Susan S. Wagner, Berkowitz Lefkovits Isom & Kishner, Birmingham, AL, for defendants-appellants.

Jeffery M. Cross, Barbara C. Baran, Julie L. Helenbrook, and Mary L. Smith, Ross & Hardies, Chicago, IL, Michael K.K. Choy, Cooper Mitch Crawford Kuykendall & Whatley, Birmingham, AL, for Askew, Buck, Mahan and the City of Northport, Ala.

Before KRAVITCH and HATCHETT, Circuit Judges, and ATKINS, Senior District Judge.

KRAVITCH, Circuit Judge:

James Askew, Ginger Buck and Phillip Mahan (together, "the plaintiffs") brought this antitrust action against DCH Health Care Authority ("DCH") and West Alabama General Hospital, Inc. (now known as AMI West Alabama, Inc.) ("AMI") to prevent DCH from completing its acquisition of AMI. Plaintiffs alleged that through this purchase, DCH would capture "substantial market power in the market for inpatient services by acute care hospitals and become...

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