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DeSOTO MED. CTR. v. METHODIST HOSPITALS OF MEMPHIS

Civ. A. No. J83-0858(B).

604 F.Supp. 307 (1985)

DeSOTO MEDICAL CENTER, INC., et al., Plaintiffs, v. METHODIST HOSPITALS OF MEMPHIS, et al., Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

January 3, 1985.

Attorney(s) appearing for the Case

Samuel H. Wilkins, Wilkins, Ellington & James, Jackson, Miss., John K. Train, III, Frank G. Smith, III, Alston & Bird, H. Stephen Harris, Jr., pro hac vice, Atlanta, Ga., for plaintiffs.

Alex Alston, Jackson, Miss., for Methodist Hospitals of Memphis, DeSoto Methodist Hosp., Meth. Health Systems, American Medical Management & Meth. Hospital South.

Alvin M. Binder, Lisa Milner, Jackson, Miss., for Miss. Health Systems Agency.

Lester F. Smith, Jackson, Miss., for Southern Health Services of Ky.

Robert E. Sanders, W.D. Coleman, Jackson, Miss., for Miss. Health Care Comn.

MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

This cause came before this Court on the Motion of the Mississippi Health Systems Agency, Inc. and the Mississippi Health Care Commission to dismiss, or in the alternative for summary judgment.

The Motion of Mississippi Health Systems Agency, Inc. (MHSA) is based on sovereign immunity in that it claims to be a federally funded instrumentality, its sole function being the planning, regulation and...

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