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SOUTHEAST MISSOURI HOSP. v. C.R. BARD, INC.

No. 09-3325.

642 F.3d 608 (2011)

SOUTHEAST MISSOURI HOSPITAL, Plaintiff, Saint Francis Medical Center, Plaintiff-Appellant, v. C.R. BARD, INC., Defendant-Appellee, Tyco International, US, Inc.; Tyco Health Care Group; John Does 1-10, Defendants. Attorney General of the State of Missouri, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2011.

Attorney(s) appearing for the Case

David Charles Frederick , argued, Washington, DC ( Aaron M. Panner , Washington, DC, David Boies, III , Mark Schirmer , Fairfax, VA, Michael Ponder , Cape Girardeau , MO, Daniel Hume , Roger W. Kirby , David E. Kovel , Kenneth G. Walsh , Christopher S. Studebaker , Karina Kosharskyy , Kirby McInerney , on the brief, New York, NY), for appellant.

Bruce Roger Braun , argued, Chicago, IL ( Dan K. Webb , Michael P. Roche , David J. Doyle , Andrew M. Johnstone , Chicago, IL, Alan C. Kohn , Kevin A. Sullivan , on the brief, St. Louis, MO), for appellee.

Anne E. Schneider , Andrew M. Hartnett, AAG, Jefferson City, MO, for amicus brief for the State of MO.

Before MURPHY, BEAM, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Saint Francis Medical Center brought this class action suit against C.R. Bard, Inc., a supplier of medical supplies. According to Saint Francis, Bard's contracts with Group Purchasing Organizations violate sections 1 and 2 of the Sherman Act, section 3 of the Clayton Act, and Missouri antitrust law. See 15 U.S.C. §§ 1, 2; 15 U.S.C. § 14; Mo.Rev.Stat. § 416.031 (2000). Saint Francis seeks relief under sections 4 and 16 of...

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