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GARIBALDI v. APPLEBAUM

No. 1-93-2659.

653 N.E.2d 42 (1995)

273 Ill.App.3d 536

210 Ill.Dec. 455

Dr. Abel GARIBALDI, Plaintiff-Appellant v. Dr. Robert APPLEBAUM, Dr. Tammo Hoeksema, Dr. Dominic Allocco, Cardiovascular Medical Consultants, P.C., an Illinois Professional Corporation, and St. Francis Hospital and Health Center, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied August 2, 1995.

Attorney(s) appearing for the Case

Edward T. Joyce, Arthur W. Aufmann, and Rowena T. Paras, of Edward T. Joyce & Associates, Chicago, for appellant.

Stephen P. Carbonelli, Albert M.T. Finch, III, of Carponelli & Krug, P.C., Chicago, for appellees.

Hinshaw & Culbertson, Chicago (Robert E. Nord, William G. Swindal, and Nancy G. Lischer, of counsel), for appellee St. Francis Hosp. & Health Center.

Justice CAHILL delivered the opinion of the court:

Plaintiff Dr. Abel Garibaldi appeals the grant of summary judgment for defendants on count I of his complaint for declaratory and injunctive relief. We reverse and remand.

Garibaldi was a member of Cardiovascular Renal Consultants (CRC) until 1992. Defendants Dr. Applebaum, Dr. Hoeksema, and Dr. Allocco were also members. The doctors of CRC performed open heart surgery at hospitals in the Chicago area. St...

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