FOBBS v. HOLY CROSS HEALTH SYSTEM CORP.

No. 92-15852.

29 F.3d 1439 (1994)

Denard M. FOBBS, M.D., Plaintiff-Appellant, v. HOLY CROSS HEALTH SYSTEM CORPORATION, a California corporation, doing business as Saint Agnes Hospital and Medical Center; Cynthia Bergmann, M.D.; James Cahill, M.D.; Jay Christensen, M.D.; Charles Gavin, M.D.; Seung Nam Kim; Robert Meltvedt, M.D.; Marshall Noel, M.D.; Morton Rosenstein, M.D.; Roydon Steinke, M.D.; Robert Wilson, M.D.; Larry E. Nix, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1994.


Attorney(s) appearing for the Case

James F. Tritt, Tritt and Tritt, and Jacob M. Weisberg, Fresno, CA, for plaintiff-appellant.

David H. Bent, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, CA, for defendants-appellees, Holy Cross Health System Corp., and Saint Agnes Medical Center.

J. Robert Liset, Musick, Peeler & Garrett, Los Angeles, CA, for Physician defendants.

Before: FLETCHER, FERGUSON, and TROTT, Circuit Judges.


FERGUSON, Circuit Judge:

Plaintiff Denard M. Fobbs, M.D. seeks judgment against defendant St. Agnes Hospital and Medical Center ("St. Agnes" or "hospital") and various individual physician defendants who were on the Medical Staff and served on various peer review committees at the hospital for the summary suspension of his staff privileges.

In 1987, Dr. Fobbs, an African American, was granted privileges by the hospital to perform intra-abdominal laser surgery...

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