Pacifica Kidney Center, Inc. v. National Medical Care, Inc.

995 F.2d 232 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PACIFICA KIDNEY CENTER, INC., Plaintiff-Appellant, v. NATIONAL MEDICAL CARE, INC., Defendant-Appellee. No. 91-55925. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1992. Decided June 3, 1993. Before O'SCANNLAIN and RYMER, Circuit Judges and ZILLY, * District Judge. MEMORANDUM ** Pacifica Kidney Center, Inc. ("Pacifica") brought suit against National Medical Care, Inc. ("NMC") and Balboa Internal Medicine Medical Group, Inc. and members of Balboa individually (collectively "Balboa"), under the Clayton Act, 15 U.S.C. §§ 15 and 16, alleging violations of sections 1 and 2 of the Sherman Act. Pacifica alleged damages resulting from (1) a contract, combination, or conspiracy among the defendants to restrain trade in violation of section 1 of the Act, and (2) monopoly and attempt or conspiracy to achieve monopoly in violation of section 2 of the Act. The district court granted…