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SURGICAL CARE CENTER v. HOSPITAL SERVICE DIST.

No. 97-30887.

171 F.3d 231 (1999)

SURGICAL CARE CENTER OF HAMMOND, L.C., doing business as St. Luke's Surgicenter; Plaintiff-Appellant, v. HOSPITAL SERVICE DISTRICT NO. 1 OF TANGIPAHOA PARISH, doing business as North Oaks Medical Center; Quorum Health Resources, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 24, 1999.

Attorney(s) appearing for the Case

Craig Lewis Caesar, Donna Guinn Klein, McGlinchey & Stafford, New Orleans, LA, for Plaintiff-Appellant.

David Seidman, U.S. Dept. of Justice, Antitrust Div., App. Section, Washington, DC, for Federal Trade Commission and U.S., Amicus Curiae.

Robert S. Rooth, L. Kenneth Krogstad, Wilbur Anthony Toups, III, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, Daniel M. Mulholland, III, Susan M. Lapenta, Horty, Springer & Mattern, Pittsburgh, PA, for Defendants-Appellees.

Gregory George Garre, John Glover Roberts, Jr., Hogan & Hartson, Janet L. McDavid, Washington, DC, James Charles McMichael, Jr., McMichael, Medlin & Weir, Shreveport, LA, for Willis-Knighton Medical Center, Amicus Curiae.

Before KING, Chief Judge, and POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this antitrust case against a hospital district in Hammond, Louisiana, filed by a privately owned competitor, the district court concluded that the state legislature had granted the hospital district immunity from federal antitrust laws, dismissed those claims, and declined to exercise supplemental jurisdiction over related state claims charging violations of state antitrust and consumer protection laws. A panel of this court...

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