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NEW YORK MEDSCAN LLC. v. NEW YORK UNIVERSITY

No. 05 Civ. 4653(DC).

430 F.Supp.2d 140 (2006)

NEW YORK MEDSCAN LLC and Karolyn Kerr, M.D., Plaintiffs, v. NEW YORK UNIVERSITY SCHOOL OF MEDICINE and Andrew W. Litt, M.D., Defendants.

United States District Court, S.D. New York.

May 1, 2006.

Attorney(s) appearing for the Case

Kaplan, Thomashower & Landau LLP, by William J. Thomashower, New York, New York, and Weiss, Zarett & Hirshfeld, P.C., by David Zarett, New Hyde Park, New York, for Plaintiffs.

McDermott Will & Emery LLP, by Christine L. White, Daniel N. Jocelyn, Terri L. Ross, New York, New York, for Defendants.

OPINION

CHIN, District Judge.

Plaintiffs bring this suit claiming that defendants, providers and administrators of radiology services, violated the antitrust laws. Specifically, they bring this action pursuant to Sections 1 and 2 of the Sherman Act and Section 4 of the Clayton Act. 15 U.S.C. §§ 1, 2, 15.

Defendants move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state...

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