Vinod C. Bhan, C.R.N.A. v. Nme Hospitals, Inc., a Delaware Corporation, Dba Manteca Hospital
Court of Appeals for the Ninth Circuit
1Opinion of the Court
MERRILL, Circuit Judge:
Yinod C. Bhan, a nurse anesthetist, appeals from the dismissal of his antitrust suit under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Bhan argues that the district court erred in concluding that he lacked standing to sue under the antitrust laws. He disputes the ruling upon which the district court based its decision, that, as a matter of law accepting the allegations of Bhan’s complaint as true, nurse anesthetists and M.D. anesthesiologists do not compete since they do not function in the same market.
I
Bhan is a certified…
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