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RETINA ASSOC. v. SO. BAPTIST HOSP. OF FLORIDA

No. 96-3158 Non-Argument Calendar.

105 F.3d 1376 (1997)

RETINA ASSOCIATES, P.A., Plaintiff-Appellant, v. SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., d.b.a. Baptist Medical Center; Richard L. Simmons, M.D.; Richard L. Simmons, M.D., P.A.; Gerald A. Coluccelli, M.D.; Gerald A. Coluccelli, M.D., P.A., et al., Defendants-Appellees, Baptist Eye Institute, Inc.; BEI, Inc., Movants.

United States Court of Appeals, Eleventh Circuit.

February 19, 1997.

Attorney(s) appearing for the Case

David H. Lichter, James J. Kenny and Scott Eliot Perwin, Miami, FL, for Plaintiff-Appellant.

Kevin E. Grady, H. Suzanne Smith, Alston & Bird, Atlanta, GA, Michael J. Dewberry, Alexandra K. Hedrick and Clinton A. Wright, III, Jacksonville, FL, Earl M. Barker, Jr., Jacksonville, FL, Michael M. Eaton, Washington, DC, William E. Kuntz, Smith, Hulsey & Busey, Jacksonville, FL, for Defendants-Appellees.

Before TJOFLAT, BIRCH and CARNES, Circuit Judges.

PER CURIAM:

We affirm the judgment of the district court for the reasons set out in its dispositive order which is reproduced in the appendix.

AFFIRMED.

APPENDIX

ORDER

This antitrust case is before the Court on the parties' cross-motions for summary judgment. Because the Court finds that the rule of reason, as opposed to the per se doctrine, governs Count I of Plaintiff's complaint, and because there appears to be...

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