Legal Opinion

James P. Martin v. Memorial Hospital at Gulfport, Wray Anderson, Mitchell Salloum, Edward Reid, and Myrtis Franke

Court of Appeals for the Fifth Circuit

Decided July 10, 1996No. 95-60186PublishedCited by 31 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

The principal question presented by this case is whether a hospital, owned and operat ed by a municipality and a state subdivision hospital district, and the hospital’s board of trustees, are immune from an antitrust claim under the Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943) state action doctrine.

A nephrologist brought this antitrust action against the hospital and its board seeking to enjoin the enforcement of the hospital’s contract with the medical supervisor (also a nephrologist) of its End Stage Renal Disease facility (ESRD). The contract…

2Cases cited28 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Pierson v. RaySupreme Court of the United States · 1967
  5. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978

23 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Hose v. Chicago Northwestern Transportation Co.Court of Appeals for the Eighth Circuit · 1995
  2. Acoustic Systems, Inc. v. Wenger Corp.Court of Appeals for the Fifth Circuit · 2000
  3. Kenneth Don Earles v. State Board Of Certified Public Accountants Of LouisianaCourt of Appeals for the Fifth Circuit · 1998
  4. Martin v. Memorial Hospital at GulfportCourt of Appeals for the Fifth Circuit · 1997
  5. South Carolina State Board of Dentistry v. Federal Trade CommissionCourt of Appeals for the Fourth Circuit · 2006

26 more not listed; retrieve them via the Exa API.

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