Opinion

North Carolina ex rel. Edmisten v. P.I.A. Asheville, Inc.

  • 740 F.2d 274
Court
Court of Appeals for the Fourth Circuit
Filed
Jul 16, 1984
Status
Published
Author
Widener
On the bench
Chapman, Ervin, Hall, Murnaghan, Phillips, Russell, Sprouse, Widener, Winter
Cited by
8 cases
Authority
More cited than 19.4%

denial of in forma pauperis status because of Tyler’s unruly behavior during indigency hearing, in challenge to allegedly illegal arrest

How later courts described this case

  • denial of in forma pauperis status because of Tyler’s unruly behavior during indigency hearing, in challenge to allegedly illegal arrest

Written by the judges who cited it.

The opinion

WIDENER, Circuit Judge,

dissenting:

I respectfully dissent for the reasons expressed at length in the panel opinion, North Carolina ex rel. Edmisten v. P.I.A. Asheville, Inc., 722 F.2d 59 (4th Cir.1983), and would not find it necessary to reach the applicability of Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943). I add for emphasis that the only act immune from antitrust scrutiny considered here is the acquisition of the additional hospital facility. 722 F.2d at 68 n. 13. Any activities of the defendants subsequent to the state-approved acquisition which are in violation of the antitrust laws may be challenged as such under the panel opinion.

K.K. HALL and CHAPMAN, Circuit Judges, join in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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