PRECISION CPAP, INC. v. JACKSON HOSPITAL

Civil Action No. 2:05cv1096-MHT (WO).

PRECISION CPAP, INC.; MEDICAL PLACE, INC.; PHASE III VANS, INC. d/b/a EAST MEDICAL EQUIPMENT AND EQUIPMENT AND SUPPLY; and MED-EX, Plaintiffs, v. JACKSON HOSPITAL; MED-SOUTH INC.; JMS HEALTH SERVICES, LLC, d/b/a JACKSON MED-SOUTH HOME HEALTH, LLC,; BAPTIST HEALTH, INC.; BAPTIST VENTURES-AMERICAN HOME PATIENT; Defendants.

United States District Court, M.D. Alabama, Northern Division.

March 8, 2010.


OPINION

MYRON H. THOMPSON, District Judge.

The plaintiffs, which are in the durable medical equipment (DME) business, bring this private antitrust suit against the defendants, which are hospitals, corporations, and affiliates, claiming violations of §§ 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1 & 2, as privately enforced through §§ 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 & 26, as well as violations...

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