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MARTIN v. MEMORIAL HOSP. AT GULFPORT

No. 95-60186.

86 F.3d 1391 (1996)

James P. MARTIN, Plaintiff-Appellee, Cross-Appellant, v. MEMORIAL HOSPITAL AT GULFPORT, Wray Anderson, Mitchell Salloum, Edward Reid, and Myrtis Franke, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 1996.

Attorney(s) appearing for the Case

Larry D. Moffett, C. Michael Ellingburg, Lucy Carroll Lacey, Daniel, Coker, Horton and Bell, Jackson, MS, James Anthony Keith, Simpson & Keith, Gulfport, MS, for Martin.

Neville Henry Boschert, Richard Glenn Couart, Watkins, Ludlam & Stennis, Jackson, MS, Robert C. Galloway, Gulfport, MS, William M. Rainey, Franke, Rainey & Salloum, Gulfport, MS, for defendants-appellants-cross-appellees.

Before POLITZ, Chief Judge, and DeMOSS and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The principal question presented by this case is whether a hospital, owned and operated by a municipality and a state subdivision hospital district, and the hospital's board of trustees, are immune from an antitrust claim under the Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943) state action doctrine.

A nephrologist brought this antitrust...

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