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GARIBALDI v. APPLEBAUM

Nos. 1-95-1351, 1-96-1921.

704 N.E.2d 698 (1998)

301 Ill. App.3d 849

235 Ill.Dec. 125

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 SSM Health Care, d/b/a St. Francis Hospital and Health Center, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearings Denied December 21, 1998.

January 21, 1999.

Attorney(s) appearing for the Case

Edward T. Joyce and Rowena T. Parma of Edward T. Joyce & Associates, P.C., Chicago, for Plaintiff-Appellant.

Carponelli & Krug, P.C., Chicago (Stephen P. Carponelli, Robert F. Krug, Jr. and Albert M.T. Finch, III, of counsel), for Defendants-Appellees Applebaum, Hoeksema, Allocco and Cardiovascular Medical Consultants.

Hinshaw & Culbertson, Chicago (Robert E. Nord, Nancy G. Lischer and Julie A. Harms, of counsel), for Defendant-Appellee SSM Health Care, d/b/a St. Francis Hospital.

Justice CAHILL delivered the opinion of the court:

We consider for the second time a dispute between a hospital and a doctor on its staff. The hospital had signed a contract in 1992 with a group of doctors, granting the group an exclusive right to perform heart surgery at the hospital. Plaintiff, a heart surgeon on the hospital staff, was not a member of the group. Although the exclusive contract prevented plaintiff from using his clinical privileges, the hospital...

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