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

No. 89-3086.

9 F.3d 893 (1993)

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 1, 1993.

Attorney(s) appearing for the Case

Christopher K. Kay, Michael J. Beaudine, Orlando, FL, for plaintiff-appellant.

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

Anthony E. DiResta, Morris, Manning & Martin, Bryan G. Harrison, Atlanta, GA, for amicus curiae, Consumer Federation of America, et al.

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

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

William Bell, Tallahassee, FL, for amicus curiae, Florida Hosp. Ass'n.

Richard Garland, Dickinson & Gibbons, Sarasota, FL, amicus curiae, for appellee Venice Hosp.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, and CARNES, Circuit Judges, and CLARK, Senior Circuit Judge.

PER CURIAM:

In this multi-defendant antitrust case, the plaintiff appealed a judgment for the defendants entered pursuant to the defendants' motion for judgment notwithstanding the verdict. After a panel of this court reversed the district court, and while a petition for rehearing en banc was pending, the plaintiff and one of the defendants entered into a settlement agreement. Because the settling parties terminated this case when they entered into the settlement...

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