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CLOUGH v. RUSH

No. 91-2062.

959 F.2d 182 (1992)

John CLOUGH, MD, Plaintiff-Appellant, v. Dominica RUSH; Rueben Marchisano, MD; Pete Grenko, MD; Donald Clark, Personal Representative for the Estate; James Hockenberry, MD; Robert Trimble; Donald W. Welch, all individual defendants sued in their individual capacities and officials of the Hospital sued in their official capacities; Adventist Health Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 18, 1992.

Attorney(s) appearing for the Case

Denise M. Glore, Albuquerque, N.M., for plaintiff-appellant.

John B. Pound of Montgomery & Andrews, P.A., Santa Fe, N.M., for defendants-appellees.

Before LOGAN and BARRETT, Circuit Judges, and PATRICK F. KELLY, District Judge.

PATRICK F. KELLY, District Judge.

The underlying antitrust action arises from the suspension of Plaintiff John Clough's medical privileges at Sierra Vista Hospital (SVH) in Truth Or Consequences, New Mexico. Dr. Clough seeks reversal of the district court's entry of summary judgment in favor of Defendants, who were physicians, administrators, and owners of the hospital at the time of the suspension. The district court dismissed the action on res judicata and collateral...

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