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U.S. v. MERCY HEALTH SERVICES

Nos. 95-4253, 96-1051.

107 F.3d 632 (1997)

UNITED STATES OF AMERICA, Appellant, v. MERCY HEALTH SERVICES; Finley Tri-States Health Group, Inc., Appellees. State of Arkansas; State of Delaware; State of Florida; State of Illinois; State of Louisiana; State of Maryland; Commonwealth of Massachusetts; State of Minnesota; State of Missouri; State of New Hampshire; State of New Mexico; State of North Carolina; State of North Dakota; State of Ohio; State of Oregon; Commonwealth of Pennsylvania; State of Rhode Island; State of South Dakota; State of Texas; State of Virginia; State of Washington; State of West Virginia; State of Wisconsin; State of New York; American Association of Health Plans; Missouri Managed Health Care Association; California Association of HMOs; Massachusetts Association of HMOs; Oklahoma Association of HMOs; Deere & Company; John Deere Health Care, Inc.; International Union, United Automobile, Aerospace & Agricultural Implement Workers of America; Iowa Managed Care Association; Illinois Association of Health Maintenance Organizations; American Hospital Association; Association of Iowa Hospitals and Health Systems; Barnstead/Thermolyne; Dubuque Bank and Trust; FDL Foods, FDL Foods, Inc.; Flexsteel Industries, Flexsteel Industries Incorporated; Flynn Ready-Mix; Galena State Bank; Interstate Power Company; The Metrix Company; Molo Companies; Myers-Cox and Portzen Construction, Amici Curiae. UNITED STATES OF AMERICA, Appellee, v. MERCY HEALTH SERVICES; Finley Tri-States Health Group, Inc., Appellants. State of Texas; State of Virginia; State of Washington; State of West Virginia; State of Wisconsin; State of Arkansas; State of Delaware; State of Florida; State of Illinois; State of Louisiana; State of Maryland; Commonwealth of Massachusetts; State of Minnesota; State of Missouri; State of New Hampshire; State of New Mexico; State of North Carolina; State of North Dakota; State of Ohio; State of Oregon; Commonwealth of Pennsylvania; State of Rhode Island; State of South Dakota; State of New York; American Association of Health Plans; Missouri Managed Health Care Association; California Association of HMOs; Massachusetts Association of HMOs; Oklahoma Association of HMOs; Deere & Company; John Deere Health Care, Inc.; International Union, United Automobile, Aerospace & Agricultural Implement Workers of America; Iowa Managed Care Association; Illinois Association of Health Maintenance Organizations; American Hospital Association; Association of Iowa Hospitals and Health Systems; Barnstead/Thermolyne; Dubuque Bank and Trust; FDL Foods, FDL Foods, Inc.; Flexsteel Industries, Flexsteel Industries Incorporated; Flynn Ready-Mix; Galena State Bank; Interstate Power Company; The Metrix Company; Molo Companies; Myers-Cox and Portzen Construction, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

John P. Fonte, Dept. of Justice, Washington, DC, argued (Eugene D. Cohen, Mary Beth McGee, Richard S. Martin, Jesse M. Caplan, and Gregory S. Asciolla, on the brief), for Appellant.

David A. Ettinger, Detroit, MI, argued (Howard B. Iwrey, on the brief), for Appellees.

Before FAGG, ROSS, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

The United States brought this action for injunctive relief under Section 7 of the Clayton Act and Section 1 of the Sherman Act to prevent Mercy Health Services (Mercy) and Finley Tri-States Health Group, Inc. (Finley) from merging. The district court1 denied the injunction, see United States v. Mercy Health Serv., 902 F.Supp. 968, 989 (N.D.Iowa 1995), and the United States...

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