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NORTH COLORADO MEDICAL CENTER v. NICHOLAS

No. 00SC418.

27 P.3d 828 (2001)

NORTH COLORADO MEDICAL CENTER, INC., a Colorado corporation, commonly referred to as NCMC, and its Board of Directors; Richard H. Stenner, its President; Karl B. Gills, its Executive Vice-President; Alyce Kantner, its former Director of Medical Services; Pat (Wilson) Kern, its Director of Cardiovascular Services; and Does 1 through 15, Petitioners, v. William John NICHOLAS, M.D., Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 6, 2001.

Attorney(s) appearing for the Case

Law Offices of J.M. Reinan, Jerome M. Reinan, Denver, CO, Attorney for Petitioners.

Anthony, Nicholas, Goodrich & Tangeman, LLC, Philip A. Nicholas, Jason M. Tangeman, Laramie, WY, Attorneys for Respondent.

Yu Stromberg Cleveland, P.C., Frederick Y. Yu, Denver, CO, Attorney for Amicus Curiae Colorado Health and Hospital Association.

Montgomery Little & McGrew, P.C., Patrick T. O'Rourke, Englewood, CO, Attorney for Amicus Curiae Colorado Medical Society.

Justice HOBBS delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' decision in Nicholas v. North Colorado Medical Center, Inc., 12 P.3d 280 (Colo.App.1999) (Nicholas III).1 In reversing the trial court's orders for summary judgment, the court of appeals held that the peer review process in a private hospital constitutes state action for the purpose of...

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