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FREILICH v. UPPER CHESAPEAKE HEALTH, INC.

No. 01-1890.

313 F.3d 205 (2002)

Linda FREILICH, M.D., P.A.; Linda Freilich, M.D., Plaintiffs-Appellants, v. UPPER CHESAPEAKE HEALTH, INCORPORATED, formerly know as Harford Memorial Hospital; Board of Directors of Upper Chesapeake Health, Incorporated, formerly known as Harford Memorial Hospital; Cecilio T. Camacho, M.D., as a Director and individually; Joan P. Edwards, M.D., as a Director and individually; Scott S. Haswell, M.D., as a Director and individually; Shirley S. Klein, as a Director and individually; James Lambdin, as a Director and individually; Anthony J. Meoli, as a Director and individually; Lyle E. Sheldon, as a Director and individually; David F. Gonano, as a Director and individually; Sherif H. Osman, M.D., as a Director and individually; Roger E. Schneider, M.D., as a Director and individually; Diane K. Ford, as a Director and individually; H. William Acker, as a Director and individually; Randall Worthington, Sr., as a Director and individually; United States of America; State of Maryland, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 13, 2002.

Attorney(s) appearing for the Case

ARGUED: Paul Steven Blumenthal, Law Office of Paul S. Blumenthal, P.A., Annapolis, Maryland, for Appellants. Jonathan Barkasy Sprague, Post & Schell, P.C., Philadelphia, Pennsylvania, for Appellees Upper Chesapeake Health, et al.; Wendy Ann Kronmiller, Assistant Attorney General, Baltimore, Maryland, for Appellee State of Maryland; Katherine Sutherland Dawson, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellee United States. ON BRIEF: Jennifer M. Valinski, Law Office of Paul S. Blumenthal, P.A., Annapolis, Maryland, for Appellants. Brian M. Peters, Post & Schell, P.C., Philadelphia, Pennsylvania, for Appellees Upper Chesapeake Health, et al. J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland, for Appellee State of Maryland. Robert D. McCallum, Jr., Assistant Attorney General, Thomas M. DiBiagio, United States Attorney, Mark B. Stern, Alisa B. Klein, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellee United States.

Before WILKINSON, Chief Judge, and WIDENER and KING, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge KING joined.

OPINION

WILKINSON, Chief Judge.

Dr. Linda Freilich is a physician. Harford Memorial Hospital decided to terminate Dr. Freilich's medical staff privileges after undertaking an extensive review of her application for reappointment. Dr. Freilich then filed a complaint challenging the constitutionality of the federal statute granting...

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