USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                                

                 United States Court of Appeals

                     For the First Circuit

                                

                                







No. 97-2041



                         RONALD E. EGAN,



                       Plaintiff, Appellee,



                                v.



                 ATHOL MEMORIAL HOSPITAL, ET AL.,



                     Defendants, Appellants.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                FOR THE DISTRICT OF MASSACHUSETTS



         [Hon. Nathaniel M. Gorton, U.S. District Judge]







                              Before



                      Torruella, Chief Judge,

               Boudin and Stahl, Circuit Judges.

                                







     Ronald E. Egan on brief pro se.

     Francis D. Dibble, Jr., J. Michael Scully and Bulkley,

Richardson and Gelinas on brief for appellants Athol Memorial

Hospital.

     Gerard R. Laurence, Karyn Polito and Milton, Laurence & Dixonon brief for appellant Yong Min Chi, M.D.











June 4, 1998











            Per Curiam.  We have carefully reviewed the briefs

    and the record in this case and conclude that the district

    court did not abuse its discretion in denying the motion of

    appellants for costs and fees under 42 U.S.C.  11113.  SeeMaine Audobon Soc'y v. Purslow, 907 F.2d 265, 269 (1st Cir.

    1990) ("[w]here evaluative judgments in discretionary matters

    are concerned, the trier's choice among plausible alternatives"

    cannot amount to abuse of discretion).

              The motion of appellants for attorneys' fees filed in

    this court is denied and all other pending motions are deniedas moot.

              The judgment of the district court is affirmed.  No

    costs.