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IN RE FOOTE MEMORIAL HOSPITAL PCIS LITIGATION

No. 92-2419.

25 F.3d 406 (1994)

In re FOOTE MEMORIAL HOSPITAL/PCIS LITIGATION. E.D.S. CORPORATION, Plaintiff, v. W.A. FOOTE MEMORIAL HOSPITAL, INC., Defendant-Appellant, First Nationwide Savings, Defendant, Western Financial Resources, Inc., Lancaster Landscapes, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 17, 1994.

Attorney(s) appearing for the Case

Stuart Smith (argued and briefed), Gordon & Glickson, Chicago, IL, Lance T. Jones, Springfield, IL, for W.A. Foote Memorial Hosp., Inc., for defendant-appellant.

A. Stuart Tompkins, Ronald S. Lederman (argued and briefed), Sullivan, Ward, Bone, Tyler, Fiott & Asher, Southfield, MI, for Lancaster Landscapes, Inc.

Before: KEITH and RYAN, Circuit Judges; and JOHNSTONE, Senior District Judge.

RYAN, Circuit Judge.

The district court entered summary judgment in favor of W.A. Foote Memorial Hospital on its claim that Western Financial Resources, Inc. and Lancaster Landscapes, Inc. (WFR/LLI)1 breached their covenant of good faith and fair dealing with respect to a lease agreement. The district court refused to award Foote damages, however, on the grounds that any damages would constitute a windfall. The court also declined to award...

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