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MEDICAL CENTER ELIZABETH PLACE v. ATRIUM HEALTH

No. 17-3863.

922 F.3d 713 (2019)

The MEDICAL CENTER AT ELIZABETH PLACE, LLC, Plaintiff-Appellant, v. ATRIUM HEALTH SYSTEM, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 25, 2019.

Attorney(s) appearing for the Case

ARGUED: Richard A. Ripley , RUYAK CHERIAN LLP, Washington, D.C., for Appellant. Shay Dvoretzky , JONES DAY, Washington, D.C., for Appellees. ON BRIEF: Richard A. Ripley , Brittany V. Ruyak , RUYAK CHERIAN LLP, Washington, D.C., James A. Dyer , Patrick O'Shaughnessy , SEBALY, SHILLITO + DYER, Dayton, Ohio, for Appellant. Shay Dvoretzky , Robert Stander , JONES DAY, Washington, D.C., Melinda K. Burton , FARUKI IRELAND COX RHINEHART & DUSING P.L.L., Dayton, Ohio, Thomas Demitrack , JONES DAY, Cleveland, Ohio, for Appellees.

Before: BATCHELDER, SUTTON, and WHITE, Circuit Judges.

OPINION

This is a case about competition among hospitals in Dayton, Ohio. When Medical Center at Elizabeth Place, LLC ("MCEP") opened in 2006, it was an acute care, for-profit hospital owned by 60 physicians and one corporate shareholder. By 2009, MCEP's existence as a physician-owned enterprise came...

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