Winston A. Mitchell, M.D. Winston A. Mitchell, M.D., Inc. v. Frank R. Howard Memorial Hospital Robert Harrah Steven Wentworth, M.D.

Good Law
853 F.2d 762·47 Empl. Prac. Dec. (CCH) 38,237·47 Fair Empl. Prac. Cas. (BNA) 954·1988 U.S. App. LEXIS 10803
United States Court of Appeals for the Ninth CircuitAugust 9, 198887-1913, 87-2069California2,847 words

Opinion

Opinion

Norris, J.

From July 1980 until August 31, 1985, appellant Winston A. Mitchell served under oral contract as the radiologist for appellee Howard Memorial Hospital (“the Hospital”), a 38-bed facility that is the only hospital in the rural town of Willits, Mendocino County, California (pop. 4200). After the Hospital terminated its agreement with Dr. Mitchell and entered into an exclusive contract for hospital-based radiology services with Dr. Steven Wentworth, Dr. Mitchell sued in federal district court claiming that the exclusive arrangement between Howard Memorial Hospital and Dr. Wentworth violated the Sherman Act. He also claims that the Hospital violated Title VII by discriminating against him because he is Mormon. Dr. Mitchell also pleaded a number of pendent state claims. The district court entered summary judgment for the Hospital on the antitrust claims on the ground that its activities did not, as a matter of law, have sufficient impact on interstate commerce to create jurisdiction under the Sherman Act. The district court also granted defendants’ motion to dismiss the Title VII counts on the ground that Dr. Mitchell was not engaged in any employment relationships which are protected…

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