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BENSON v. ST. JOSEPH REGIONAL HEALTH CENTER

No. 07-20726.

575 F.3d 542 (2009)

Royal BENSON, MD; Benson OB/GYN Center, PA, Plaintiffs-Appellants, v. ST. JOSEPH REGIONAL HEALTH CENTER; St. Joseph Health System; Franciscan Services Corporation; Sisters of St. Francis of Sylvania, Ohio; Betty G. Acker, MD; Daniel Buche; Dr. Thomas W. Davis, Jr.; Dr. Daniel B. Dawson; Dr. David R. Doss; Dr. Robert H. Emmick, Jr.; Gretchen Kunz; Dr. G. Mark Montgomery; RN Myesha Nichols-Turner; Dr. William F. Price; Alan C. Smith; Kathleen A. Thomas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 2009.

Attorney(s) appearing for the Case

Gaines F. West (argued), West, Webb, Allbritton & Gentry, College Station, TX, for Plaintiffs-Appellants.

Robert L. Hargett, Davis & Wilkerson, Austin, TX, for St. Joseph Reg. Health Ctr., St. Joseph Health Sys., Franciscan Services Corp., Sisters of St. Francis of Sylvania, OH, Buche, Kunz, Montgomery, Nichols-Turner, Smith and Thomas.

Daryl G. Dursum (argued), Adams & Reese, Houston, TX, for Acker, Davis, Dawson, Doss, Emmick and Price.

Before KING, STEWART and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Dr. Royal Benson, a doctor specializing in obstetrics and gynecology, had his medical privileges terminated at the defendant hospital. He alleges that this occurred as a result of a malicious and unreasonable peer review. Benson sued the hospital and numerous individuals involved in the peer-review process. The district court granted summary judgment to all Defendants. For the reasons that follow, we affirm the judgment of the district...

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