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KEY ENTERPRISES OF DELAWARE, INC. v. VENICE HOSP.

No. 89-3086.

919 F.2d 1550 (1990)

KEY ENTERPRISES OF DELAWARE, INC., Plaintiff-Appellant, v. VENICE HOSPITAL, Sammett Corporation and Medicare Patient Aids Center, Defendants-Appellees, Gulf Area Diversified Services, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

December 28, 1990.

Attorney(s) appearing for the Case

Christopher K. Kay, Michael J. Beaudine, Orlando, Fla., Anthony Diresta, Morris, Manning & Martin, Atlanta, Ga., for Key Enterprises of Delaware, Inc.

Herbert T. Schwartz, Reinman, Harrell, Graham, Mitchell & Wattwood, Melbourne, Fla., for Venice Hosp. & Medicare Patient Aids Center.

Lynn Snyder, William G. Kopit, Washington, D.C., for Sammett Corp. & Medicare Patient Aid Center.

William Bell, Tallahassee, Fla., for amicus curiae Florida Hosp. Assoc.

C. Scott Sykes, Irving, Tex., for amicus curiae, Voluntary Hospitals of America, Inc.

Before KRAVITCH and CLARK, Circuit Judges, and ATKINS, Senior District Judge.

CLARK, Circuit Judge:

FACTS

This case concerns the rental and sale of durable medical equipment (DME) to home users in the Venice, Florida area. DME includes such things as prosthetic devices, hospital beds, oxygen equipment, wheelchairs and walkers. DME suppliers receive customers from many sources, including self-selection, referrals from hospitals, nursing homes and intermediate care facilities, home health agencies, physicians and physical therapists...

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