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JACKSON, TENNESSEE v. WEST TENNESSEE

No. 04-5387.

414 F.3d 608 (2005)

JACKSON, TENNESSEE HOSPITAL COMPANY, LLC, Plaintiff-Appellant, v. WEST TENNESSEE HEALTHCARE, INC., Jackson-Madison County General Hospital District, and BlueCross BlueShield of Tennessee, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2005.

Attorney(s) appearing for the Case

Harry M. Reasoner, Vinson & Elkins, Houston, Texas, for Appellant.

David Marx, Jr., McDermott, Will & Emery, Chicago, Illinois, Kevin D. McDonald, Jones Day, Washington, D.C., for Appellees.

Harry M. Reasoner, Bruce A. Blefeld, Vinson & Elkins, Houston, Texas, Cannon F. Allen, Armstrong Allen, Memphis, Tennessee, Robert V. Redding, Armstrong Allen, Jackson, Tennessee, for Appellant.

David Marx, Jr., Joseph Fisher, Kevin M. Jones, McDermott, Will & Emery, Chicago, Illinois, Kevin D. McDonald, Julia C. Ambrose, Jones Day, Washington, D.C., Jerry D. Kizer, Jr., Rainey, Kizer, Reviere & Bell, Jackson, Tennessee, Max Shelton, Harris, Shelton, Dunlap, Cobb & Ryder, Memphis, Tennessee, for Appellees.

Cathrine G. O'Sullivan, David Seidman, United States Department of Justice, Washington, D.C., Victor J. Domen, Jr., Office of the Attorney General, Nashville, Tennessee, Carlos C. Smith, Miller & Martin, Chattanooga, Tennessee, J. Robin Rogers, Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, Tennessee, for Amici Curiae.

Before: BOGGS, Chief Judge; and COOK and BRIGHT, Circuit Judges.

OPINION

BOGGS, Chief Judge.

Although this is an antitrust case, it turns on the proper interpretation of a Tennessee statute. The plaintiff alleges that the Jackson-Madison County General Hospital District (the "Hospital District"), which is a political subdivision of the state of Tennessee, and the other defendants have committed antitrust violations. The district court dismissed the suit, finding that the state action doctrine protects the defendants from...

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