Four Corners Nephrology Assocs., P.C. v. Mercy Med. Ctr. of Durango, No. 08-1231 - - U.S. Tenth Circuit
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Four Corners Nephrology Assocs., P.C. v. Mercy Med. Ctr. of Durango, No. 08-1231

In an antitrust action claiming that defendant-hospital's refusal to deal with nephrologists other than those in its in-house practice, including plaintiff, amounted to the monopolization, summary judgment for defendant is affirmed where 1) the hospital had no antitrust duty to share its facilities with plaintiff at the expense of its own nephrology practice; and 2) in demanding access to defendant's facilities, plaintiff sought to share the hospital's putative monopoly.

Read Four Corners Nephrology Assocs., P.C. v. Mercy Med. Ctr. of Durango, No. 08-1231

Appellate Information

Filed September 30, 2009

Judges

Opinion by Judge Hartz

Counsel

For Appellant:

Jack Shelton, Wichita, KS

For Appellee:

Patrick J. Kenney, Armstrong Teasdale LLP, St. Louis, MO, and Karrie J. Clinkinbeard, Armstrong Teasdale LLP, Kansas City, MO