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OLTZ v. ST. PETER'S COMMUNITY HOSP.

Nos. 92-35538, 92-35562.

19 F.3d 1312 (1994)

Tafford E. OLTZ, Plaintiff-Appellant-Cross-Appellee, v. ST. PETER'S COMMUNITY HOSPITAL, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Urban L. Roth, Poore, Roth & Robinsin, Butte, MT, Daniel S. Koch, Doyle & Bachman, Washington, DC, for plaintiff-appellant-cross-appellee.

Sam E. Haddon, Boone, Karlberg & Haddon, Missoula, MT, Karen Owens, Lewis and Roca, Phoenix, AZ, for defendant-appellee-cross-appellant.

Before: WRIGHT, REAVLEY, and LEAVY, Circuit Judges.

REAVLEY, Circuit Judge:

In Oltz v. St. Peter's Community Hosp., 861 F.2d 1440 (9th Cir.1988) we remanded this antitrust case for a new trial on damages. The trial court then determined that Oltz could not prove damages greater than the offsetting settlement sums he had already received and granted St. Peter's Motion for Summary Judgment on damages. We reverse and remand for trial.

I. Background

Because we...

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