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COMMUNITY HEALTH PLAN OF OHIO v. MOSSER

No. 01-4095.

347 F.3d 619 (2003)

COMMUNITY HEALTH PLAN OF OHIO, Plaintiff-Appellee, v. Joseph J. MOSSER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 2003.

Petition for Rehearing and Suggestion for Rehearing Denied: December 19, 2003.

Attorney(s) appearing for the Case

ARGUED: J. Gerard Swank, SWANK & ASSOCIATES, Newark, Ohio, for Appellant.

Daran P. Kiefer, KREINER & PETERS, Cleveland, Ohio, for Appellee.

ON BRIEF: J. Gerard Swank, SWANK & ASSOCIATES, Newark, Ohio, William F. Goodrich, GOODRICH, GOODRICH & LAZZARA, Pittsburgh, Pennsylvania, for Appellant.

Daran P. Kiefer, Ted M. Traut, KREINER & PETERS, Cleveland, Christopher R. Meyer, Rodney A. Nelson, Reese, Pyle, Drake & Meyer, Newark, Ohio, for Appellee.

Before: SILER and ROGERS, Circuit Judges; GWIN, District Judge.

Petition for Rehearing and Suggestion for Rehearing Denied En Banc: December 19, 2003.

Pursuant to Sixth Circuit Rule 206

OPINION

GWIN, District Judge.

With this appeal, we examine whether the district court erred when it granted Plaintiff-Appellee Community Health Plan of Ohio ("CHPO") summary judgment on its claims for specific performance and restitution against Defendant-Appellant Joseph J. Mosser ("Mosser").

In reviewing Mosser...

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