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MARTIN v. MEMORIAL HOSP. AT GULFPORT

No. 97-60254 Summary Calendar.

130 F.3d 1143 (1997)

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

United States Court of Appeals, Fifth Circuit.

December 30, 1997.

Attorney(s) appearing for the Case

Larry D. Moffett, Daniel, Coker, Horton & Bell, Oxford, MS, James Anthony Keith, Long Beach, MS, for Plaintiff-Appellant.

Neville Henry Boschert, Cory Todd Wilson, Watkins, Ludlam & Stennis, Jackson, MS, Robert C. Galloway, Galloway & Galloway, Gulfport, MS, William M. Rainey, Franke, Rainey and Salloum, Gulfport, MS, for Defendants-Appellees.

Before JOLLY, BENAVIDES and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

I.

FACTS & PROCEDURAL HISTORY

For the second time this case has found its way to this Court on appeal.1 The appellant Dr. James P. Martin brought this action challenging a certain monopoly created over the provision of out-patient, kidney dialysis in Harrison County, Mississippi. Mississippi law prohibits the operation of an End Stage Renal Disease ("ESRD") Unit without first obtaining...

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