United States Tenth Circuit

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.

Appellate Information

• Decided 09/29/2009
• Published 09/29/2009

Judges

• GORSUCH, Circuit Judge., Before HENRY, Chief Circuit Judge, and HOLLOWAY and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Howard Feller of McGuire Woods LLP, Richmond, VA (Kristen M. Calleja of McGuire Woods LLP;  and James E. Hartley and Conor F. Farley, of Holland & Hart, LLP, Denver, CO, with him on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• Mark L. Sabey (Peter A. Sabey with him on the brief), of Kutak Rock LLP, Denver, CO, for Defendant-Appellee.