Smith v. Jago

How later courts describe this case

• evidence consisting of expert testimony and testimony as to hospital’s market share of inpatient hospital services in its medical service area presented to establish monopoly power
• White, J., joined by Burger, C.J., and Brennan, J., dissenting from denial of certiorari
• determination of the relevant product market is a question of fact
• White, Burger, and Brennan, JJ., dissenting to the Court’s refusal to grant certiorari
• policy denying staff privileges to osteopaths likely to injure their professional reputations
• White dissenting from denial of petition for a writ of certiorari
• 92 class members sufficient to meet nu-merosity requirement