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HOSPITAL BUILDING CO. v. TRUSTEES OF REX HOSPITAL

No. 73-1627.

511 F.2d 678 (1975)

HOSPITAL BUILDING COMPANY, Appellant, Federation of American Hospitals, Amicus Curiae, v. TRUSTEES OF the REX HOSPITAL, a corporation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 18, 1975.

Attorney(s) appearing for the Case

John K. Train, III, and Timothy S. Perry, Atlanta, Ga. (Jordan, Morris & Hoke, Raleigh, N. C., and Alston, Miller & Gaines, Atlanta, Ga., and John R. Jordan, Jr., Raleigh, N. C., on brief), for appellant.

Carl Weissburg, Lawrence E. Mindell and Weissburg, Jacobs & Gerst, Los Angeles, Cal., on brief for amicus curiae Federation of American Hospitals.

Ray S. Bolze, Washington, D. C., and John H. Anderson, Raleigh, N. C. (Thomas W. Steed, Jr., Raleigh, N. C., John R. Fornaciari, Alexandria, Va., Allen, Steed & Pullen, and Smith, Anderson, Blount & Mitchell, Raleigh, N. C., Howrey, Simon, Baker & Murchison, Washington, D. C., Lillard H. Mount, Richard M. Hutson, II, and Hofler, Mount, White & Long, Durham, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD, and WIDENER, Circuit Judges, sitting en banc.

CRAVEN, Circuit Judge:

In this action filed pursuant to sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 & 26, appellant Hospital Building Corporation (HBC) sought treble damages in excess of $2 million and injunctive relief for alleged violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 & 2. The sole question before us is whether the district court erred when it dismissed HBC's amended complaint on the ground that it...

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