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AUBURN MEDICAL CENTER, INC. v. PETERS

Civil Action No. 95-D-1053-N.

953 F.Supp. 1518 (1996)

AUBURN MEDICAL CENTER, INC., Plaintiff, v. J. Elbert PETERS, etc., et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

December 12, 1996.

Attorney(s) appearing for the Case

David J. Llewellyn, Atlanta, GA, K. Anderson Nelms, Montgomery, AL, and Hugh V. Smith, Jr., Montgomery, AL, for plaintiff.

Billington M. Garrett, Robert M. Weinberg, Office of the Attorney General, Montgomery, AL, John V. Denson, II, Opelika, AL, and James E. Williams, Montgomery, AL, for defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is defendants Walter Smith ("Smith") and J. Elbert Peters' ("Peters") motion, filed October 2, 1995, to dismiss the complaint. The plaintiff, Auburn Medical Center, Inc., responded in opposition on December 5, 1995 ("Pl.'s Br."). After careful consideration of the arguments of counsel, the relevant case law and the record as a whole, the court finds that the motion is...

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