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TATE v. UNIVERSITY MED. CENTER OF S. NEV.

No. 09-16505.

606 F.3d 631 (2010)

James S. TATE, Jr., M.D., Plaintiff-Appellant, v. UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA; Kathleen Silver; Bruce L. Woodbury; Tom Collins; Chip Maxfield; Lawrence Weekly; Chris Giunchigliani; Susan Brager; LDG-GWF Rory Reid; Medical and Dental Staff of the University Medical Las Vegas Center of Southern Nevada; John Ellerton, M.D.; John Fildes, M.D.; Marvin J. Bernstein, M.D.; Board of Trustees of University Medical Center of Southern Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2010.

Attorney(s) appearing for the Case

Jacob L. Hafter, filed the briefs and argued the cause for the plaintiff-appellant. Michael Naethe, Las Vegas, NV, also was on the briefs.

Lisa Wong Lackland, Lewis and Roca LLP, argued the cause and was on the brief for defendants-appellees Medical and Dental Staff of UMCSN, John Ellerton, M.D., John Fildes, M.D., and Marvin Bernstein, M.D. Thomas G. Ryan, Lewis and Roca LLP, Las Vegas, NV, filed the brief.

Lynn M. Hansen, Las Vegas, NV, filed the brief and argued the cause for defendants-appellees University Medical Center of Southern Nevada and Clark County Commissioners.

Concurrence by Judge PAEZ.

ORDER

We must decide whether we have jurisdiction to review the district court's refusal to enjoin a hospital to reinstate a surgeon when he has since lost all of his clinical privileges at the hospital.

I

James Tate, MD, is a board-certified general surgeon who was granted clinical privileges at University Medical Center ("UMC") by the Medical & Dental Staff of University Medical Center ("Staff"). UMC and Dr. Tate then entered into a Trauma...

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