LITTLE ROCK CARDIOLOGY CLINIC PA v. BAPTIST HEALTH

Nos. 08-3158, 09-1786.

591 F.3d 591 (2009)

LITTLE ROCK CARDIOLOGY CLINIC PA, et al., Plaintiffs-Appellants, v. BAPTIST HEALTH; Baptist Medical System HMO, Inc., Defendants-Appellees, Arkansas Blue Cross and Blue Shield; USAble Corporation; HMO Partners, Inc., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 29, 2009.


Attorney(s) appearing for the Case

Jess Askew, III, argued, Little Rock, AR (John C. Everett, Fayetteville, AR, Peter G. Kumpe, Jess Askew, III, Janet Lynn Pulliam, Benjamin D. Brenner, Little Rock, AR, on the brief), for appellant.

John J. Miles, argued, Washington, DC (Steven Shults, Chet A. Roberts, Debra Brown, Gordon S. Rather, Jr., Troy Anthony Price, Judy Simmons Henry, Michelle M. Kaemmerling, John P. Perkins, III, Little Rock, AR, Steven M. Shapiro, Chicago, IL, Robert E. Bloch, Christi J. Braun, William E. Berlin, Mitchell D. Raup, Washington, DC, on the brief), for appellees.

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.


MELLOY, Circuit Judge.

This is an antitrust case involving alleged violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. It comes to us after the district court1 granted Appellee Baptist Health's motion to dismiss for failure to state a claim and denied Baptist Health's motion to tax discovery-related copying costs. The principal issue on appeal concerns the proper methodology...

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