Legal Opinion

M & M Medical Supplies and Service, Incorporated v. Pleasant Valley Hospital, Incorporated Pleasant Valley Home Medical Equipment, Incorporated

Court of Appeals for the Fourth Circuit

Decided January 20, 1993No. 90-3100PublishedCited by 124 opinions

1Opinion of the Court

OPINION

BUTZNER, Senior Circuit Judge:

M & M Medical Supplies and Service, Inc. (M & M), a retail dealer in durable medical equipment (DME), appeals a summary judgment dismissing its antitrust action and pendent state claims against Pleasant Valley Hospital, Inc., and its subsidiary, Pleasant Valley Home Medical Equipment, Inc. (Equipment Company). M & M complains that the Hospital uses its access to patients to exclude a previously strong DME competitor from the market. The Hospital contends that M & M did not meet its burden of proving the elements of its claim.

The district court held that M…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  5. American Tobacco Co. v. United StatesSupreme Court of the United States · 1946

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3Cited by124 opinions

  1. E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.Court of Appeals for the Fourth Circuit · 2011
  2. Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
  3. Keith W. Cline v. Wal-Mart Stores, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
  4. West Penn Allegheny Health System, Inc. v. UPMCCourt of Appeals for the Third Circuit · 2010
  5. In re Microsoft Corporation Antitrust LitigationCourt of Appeals for the Fourth Circuit · 2003

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