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F.T.C. v. FREEMAN HOSP.

Nos. 95-1448, 95-2882.

69 F.3d 260 (1995)

FEDERAL TRADE COMMISSION, Appellant, v. FREEMAN HOSPITAL; Tri-State Osteopathic Hospital Association, d/b/a Oak Hill Hospital, Inc., Appellees. American Hospital Association, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided November 1, 1995.

Attorney(s) appearing for the Case

Ernest J. Isenstadt of the Federal Trade Commission, Washington, DC, argued (Stephen Calkins, Jay C. Shaffer and Melvin H. Orlans of the FTC, Washington, DC; Janice L. Charter, Norris E. Washington, Jonathan L. Kessler, and Pamela M. Cole, of the FTC, Denver, CO, on the brief), for appellant.

Thomas Campbell, Chicago, IL, argued (Deborah H. Bornstein, Daniel McDevitt and John T. Roache, Chicago, IL and David L. Taylor and Paul G. Taylor, Joplin, MO, on the brief), for appellee.

Before WOLLMAN, BEAM, and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

The United States Federal Trade Commission (FTC), sought a preliminary injunction from the district court to prevent the merger of two hospitals in Joplin, Missouri, contending the transaction would have anticompetitive effects in violation of Section 7 of the Clayton Act, 15 U.S.C. § 18. The district court denied the requested relief and the FTC appeals. Because the FTC has failed to meet its burden for obtaining preliminary injunctive relief...

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