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LIFE CARE CENTERS v. CHARLES TOWN ASSOCIATES

Nos. 94-5744, 94-5866.

79 F.3d 496 (1996)

LIFE CARE CENTERS OF AMERICA, INC., Plaintiff-Appellee, Cross-Appellant, v. CHARLES TOWN ASSOCIATES LIMITED PARTNERSHIP, LPIMC, Inc., and Bruce Weinstein, Eugene H. Rosen, and John W. Galston, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 11, 1996.

Rehearing and Suggestion for Rehearing Denied April 24, 1996.

Attorney(s) appearing for the Case

Thomas E. Ray, Ray & Sibley, Chattanooga, TN, G. Lee Garrett, Jr. (argued and briefed), David P. Baum (briefed), Jones, Day, Reavis & Pogue, Atlanta, GA, for Life Care Centers of America, Inc.

Elaine B. Winer, Rice, Kreitzer & Winer, Chattanooga, TN, Leighton Aiken (argued and briefed), Felicia Latham, Owens, Clary & Aiken, Dallas, TX, for Charles Town Associates Ltd. Partnership, LPIMC Inc., Bruce Weinstein, Eugene H. Rosen, John W. Galston.

Before: JONES and BATCHELDER, Circuit Judges; and COOK, Chief District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 24, 1996.*

COOK, Chief District Judge, delivered the opinion of the court, in which JONES, J., joined. BATCHELDER, J. (pp. 515-16), delivered a separate opinion concurring in part and dissenting in part.

JULIAN ABELE COOK, Jr., Chief District Judge.

The parties to this action appeal several orders by the district court. The issues on appeal and cross-appeal are...

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