Martin v. Memorial Hospital at Gulfport

ROBERT M. PARKER, Circuit Judge:

I

FACTS & PROCEDURAL HISTORY

For the second time this case has found its way to this Court on appeal. 1 The appellant Dr. James P. Martin brought this action challenging a certain monopoly created over the provision of out-patient, kidney dialysis in Harrison County, Mississippi. Mississippi law prohibits the operation of an End Stage Renal Disease (“ESRD”) Unit without first obtaining a certificate of need from the state department of health. Two certificates of need were issued for ESRD units in Harrison County. MHG acquired control of those units from Singing…