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Mid Dakota Clinic

Sanford Health and Mid Dakota Clinic, shown here in 2017, in Bismarck are in a battle with the FTC and North Dakota Attorney General over a potential merger of their organizations. 

In about two weeks, lawyers for Sanford Health will make a last ditch plea to be allowed to merge with Mid Dakota Clinic in Bismarck.

The case goes before a three-judge panel of the U.S. Eighth Circuit Court of Appeals for oral arguments on Nov. 13 in St. Paul, Minn.

If the U.S. District Court injunction blocking the merger is upheld, Sandford and Mid Dakota told the Federal Trade Commission they will abandon their merger proceedings before the federal agency, according to court documents.

“Sanford is committed to the communities we serve, and we look forward to presenting this case to the U.S. Court of Appeals for the Eighth Circuit,” the health care company said in a statement.

In district court, Magistrate Judge Alice Senechal sided in December with the Federal Trade Commission and North Dakota Attorney General’s office that the merger could result in antitrust law violations should it be allowed to proceed before a final FTC determination could be made.

In St. Paul, lawyers for both the hospital and federal government will have 15 minutes each to issue their arguments, according the the Eighth Circuit Clerk of Court’s Office. From there, the judges will try to issue an opinion within 60 to 90 days, though sometimes it takes longer.

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Reach Jessica Holdman at 701-250-8261 or


Business Reporter