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NICHOLAS v. NORTH COLORADO MEDICAL CENTER

No. 98CA1407.

12 P.3d 280 (1999)

William John NICHOLAS, M.D., Plaintiff-Appellant, v. NORTH COLORADO MEDICAL CENTER, INC., a Colorado corporation commonly referred to as NCMC and its Board of Directors; Richard H. Stenner, President; Karl B. Gills, Executive Vice-President; Alyce Kantner, former Director of Medical Services; and Pat (Wilson) Kern, Director of Cardiovascular Services, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing April 13, 2000.

Certiorari Granted November 6, 2000.

Attorney(s) appearing for the Case

Anthony, Nicholas & Sharpe, LLC., Phillip A. Nicholas, Jason M. Tangeman, Steven K. Sharpe, Laramie, Wyoming, for Plaintiff-Appellant.

Gallo, Reinan & Marek, LLC., J.M. Reinan, F. James Gallo, Sherman Marek, William L. Burk, Lisa M. Horvath, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge ROTHENBERG.

Plaintiff, Dr. William John Nicholas, appeals a summary judgment determining that: (1) defendants, North Colorado Medical Center, Inc. (NCMC), Karl Gills, and Alyce Kantner, were not state actors for purposes of liability under 42 U.S.C. § 1983 (1995); and (2) with respect to Nicholas' state contract and tort claims, defendants were immune from liability for damages under the federal Health...

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