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JENKINS v. METHODIST HOSPITALS OF DALLAS, INC.

Nos. 05-10117, 05-10118.

478 F.3d 255 (2007)

G. Mark JENKINS, M.D., Plaintiff-Appellant, v. METHODIST HOSPITALS OF DALLAS, INC.; Howard Chase; John Haupert; Jack Barnett; Kelly Wolfe; Tim Meeks; Kim Hollon, Defendants-Appellees. G. Mark Jenkins, M.D., Plaintiff, v. Methodist Hospitals of Dallas, Inc., et al., Defendants, Donald H. Flanary, Jr., Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 2007.

Attorney(s) appearing for the Case

William L. Fouche, Jr. (argued), Dallas, TX, for Plaintiff-Appellant.

Stephen F. Fink (argued), Bryan Patrick Neal, Anthony J. Campiti, Thompson & Knight, Dallas, TX, for Defendants-Appellees.

Danny S. Ashby (argued), Robert H. Mow, Jr., Heidi Elizabeth Frahm, Hughes & Luce, Dallas, TX, Kenneth Winston Starr, Kirkland & Ellis, Los Angeles, CA, for Appellant.

Before BARKSDALE, DeMOSS and PRADO, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

In the first of these two related appeals, Dr. G. Mark Jenkins contests the summary judgment awarded Methodist Hospitals of Dallas, Inc. and affiliated individuals (collectively, Hospital) against his claim under 42 U.S.C. § 1981 (providing equal contract rights for all persons under the law). Among other things, at issue is whether Dr. Jenkins, who is black, failed to establish, sufficient to defeat summary judgment, that...

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