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GARIBALDI v. APPLEBAUM

Nos. 86952, 87120.

742 N.E.2d 279 (2000)

194 Ill.2d 438

252 Ill.Dec. 29

Abel GARIBALDI, Appellee, v. Robert APPLEBAUM et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied January 29, 2001.

Attorney(s) appearing for the Case

Carponelli & Krug, P.C., Chicago (Stephen P. Carponelli, Gregory J. Chinlund and Brian M. Ozog, of counsel), for appellants Robert Applebaum, Tammo Hoeksema, Dominic Allocco and Cardiovascular Medical Consultants, P.C.

Hinshaw & Culbertson, Chicago (Robert E. Nord, Nancy G. Lischer and Julie A. Harms, of counsel), for appellant St. Francis Hospital and Health Center.

Edward T. Joyce & Associates, P.C., Chicago (Edward T. Joyce and Rowena T. Parma, of counsel), for appellee.

Thaddeus J. Nodzenski and Mark D. Deaton, Naperville, for Amicus Curiae Illinois Hospital & HealthSystems Association.

Saul J. Morse and Robert John Kane, Springfield, for Amicus Curiae Illinois State Medical Society.

Justice MILLER delivered the opinion of the court:

This appeal considers what procedural rights, if any, a physician has under hospital bylaws when a hospital enters into an exclusive contract with a competing group of physicians for the performance of the same work as the physician performs. In two separate appeals from judgments entered in the circuit court of Cook County, the appellate court concluded that the plaintiff in this case was entitled to notice and a...

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