United States Fifth Circuit

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Benson v. St. Joseph Reg. Health Ctr., 07-20726

In an action for wrongful termination of medical privileges, summary judgment for Defendants is affirmed, where Plaintiff's arguments were not entitled to be treated as an exception to the usual requirement that an issue must first be presented to the District Court before it may be raised on appeal.

Appellate Information

  • Decided 07/10/2009
  • Published 07/10/2009


  • LESLIE H. SOUTHWICK, Circuit Judge:, Before KING, STEWART and SOUTHWICK, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Gaines F. West (argued), West, Webb, Allbritton & Gentry, College Station, TX, for Plaintiffs-Appellants., Robert L. Hargett, Davis & Wilkerson, Austin, TX, for St. Joseph Reg. Health Ctr., St. Joseph Health Sys., Franciscan Services Corp., Sisters of St. Francis of Sylvania, OH, Buche, Kunz, Montgomery, Nichols-Turner, Smith and Thomas., Daryl G. Dursum (argued), Adams & Reese, Houston, TX, for Acker, Davis, Dawson, Doss, Emmick and Price.