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GORDON v. LEWISTOWN HOSP.

No. 03-3370.

423 F.3d 184 (2005)

Alan D. GORDON, M.D.; Alan D. Gordon, M.D., P.C., a corporation; Mifflin County Community Surgical Center, a corporation, Appellants v. LEWISTOWN HOSPITAL.

United States Court of Appeals, Third Circuit.

September 12, 2005.

Attorney(s) appearing for the Case

Steven B. Varick (Argued), Henry S. Allen, Jr., Holland & Knight, Chicago, IL, George M. Sanders, Audrey L. Gaynor & Associates, Chicago, IL, for Appellants.

Jonathan B. Sprague (Argued), Post & Schnell, Philadelphia, PA, Susan M. Lapenta, Horty, Springer & Mattern, Pittsburgh, PA, for Appellee.

Robert B. Hoffman, Wolf, Block, Schorr & Solis-Cohen, Harrisburg, PA, for Amicus-Appellant Pennsylvania Medical Society.

David E. Loder (Argued), Duane Morris, Philadelphia, PA, for Amicus-Appellee the Hospital & Healthsystem Association of Pennsylvania.

Before ALITO, AMBRO and FISHER, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

This antitrust case arises from professional review actions undertaken by Lewistown Hospital (the "Hospital") to stem unprofessional conduct engaged in by Alan D. Gordon, M.D. ("Gordon") that impacted adversely upon patient welfare. Gordon and two corporations of which he is the sole shareholder, Alan D. Gordon, M.D., P.C., and Mifflin County Community Surgical Center, Inc. ("MCCSC") (which operates an outpatient...

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