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SWARTHMORE RADIATION ONCOLOGY, INC. v. LAPES

Civ. A. No. 92-3055.

812 F.Supp. 517 (1992)

SWARTHMORE RADIATION ONCOLOGY, INC., Oncology Services, Inc., and Oncology Associates, P.C., Plaintiffs, v. Melvyn J. LAPES, M.D., Alan E. Morrison, Andrew J. Solan, M.D., Riddle Memorial Hospital, and Taylor Hospital, Defendants.

United States District Court, E.D. Pennsylvania.

December 10, 1992.

Attorney(s) appearing for the Case

Allen D. Black, Arthur M. Kaplan, Fine, Kaplan & Black, Philadelphia, PA, for Swarthmore Radiation Oncology, Inc., Oncology Services, Inc. and Oncology Associates, P.C.

Alan M. Sandals, Berger & Montague, P.C., Edward C. Mengel, Jr., White and Williams, Philadelphia, PA, for Melvyn J. Lapes, M.D. and Andrew J. Solan, M.D.

Norman E. Greenspan, Blank, Rome, Comisky & McCauley, Philadelphia, PA, for Alan E. Morrison.

Gordon W. Gerber, Henry Kolowrat, Dechert, Price & Rhoads, Philadelphia, PA, John T. Macartney, St. Davids, PA, for Riddle Memorial Hosp.

Thomas J. Lovelass, Barley, Snyder, Senft & Cohen, Christopher W. Mattson, Lancaster, PA, for Taylor Hosp.

MEMORANDUM

GAWTHROP, District Judge.

Before the court are motions to dismiss filed by all five defendants, as well as the motion of defendants, Drs. Lapes and Solan, to strike plaintiff's claim for injunctive relief. Based on the following reasoning, I shall deny all the motions.

In this antitrust action, plaintiffs allege that defendants conspired to arrange and execute a group boycott of plaintiffs' new cancer treatment center in Swarthmore, Pennsylvania...

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