The following excerpt is from Moss v. Casa Grande Community Hosp., Inc., 892 F.2d 1046 (9th Cir. 1990):
Moss' contention is based upon Weiss v. York Hosp., 745 F.2d 786, 814 (3d Cir.1984), cert. denied, 470 U.S. 1060, 84 L.Ed.2d 836, 105 S.Ct. 1777 (1985), where the court held that:
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