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MADUKA v. SUNRISE HOSP.

No. 03-15332.

375 F.3d 909 (2004)

Godwin MADUKA, M.D., Plaintiff-Appellant, v. SUNRISE HOSPITAL, a Nevada corporation, dba Sunrise Hospital and Medical Center; Sunrise Hospital and Medical Center Fair Hearing Committee; Columbia/HCA Healthcare Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2004.

Attorney(s) appearing for the Case

Randall H. Scarlett, Randall H. Scarlett Law Group, San Francisco, CA, and Cal J. Potter, III, Potter Law Offices, Las Vegas, NV, for the plaintiff/appellant.

John R. Bailey, Law Offices of John R. Bailey, Las Vegas, NV, and Dennis L. Kennedy, Lionel Sawyer & Collins, Las Vegas, NV, for the defendants/appellees.

Before WALLACE, KOZINSKI, and THOMAS, Circuit Judges.

OPINION

WALLACE, Senior Circuit Judge.

Dr. Godwin Maduka appeals from the district court's judgment dismissing his Second Amended Complaint with prejudice. We have jurisdiction over Maduka's timely filed appeal pursuant to 28 U.S.C. § 1291. We reverse.

I.

The following narrative is drawn primarily from Maduka's complaint. Sunrise Hospital hired Maduka, an American of African ancestry, as an anesthesiologist in August 1997. Shortly...

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