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DELAWARE HEALTH CARE INC. v. MCD HOLDING CO.

Civil Action No. 94-406 MMS.

957 F.Supp. 535 (1997)

DELAWARE HEALTH CARE, INC., a corporation of the State of Delaware, Plaintiff, v. MCD HOLDING COMPANY, a corporation of the State of Delaware d/b/a Infusion Services and d/b/a Infusion Services of Delaware, and MCD Foundation, a corporation of the State of Delaware and its subsidiaries: the Medical Center of Delaware, Inc., a corporation of the State of Delaware, a/k/a (1) Christiana Hospital, (2) Wilmington Hospital d/b/a First State Health Plan, Genesis Health Network, Genesis Integrated Health Care Services, Mid-Atlantic Integrated Health Care Services, Mid-Atlantic Health Net, Champion Health Services, Cornerstone Healthcare, Eastern Integrated Health Care Service, and Visiting Nurse Association of Delaware, a corporation of the State of Delaware, Defendants.

United States District Court, D. Delaware.

Decided February 20, 1997.

Attorney(s) appearing for the Case

Christopher J. Curtin, of Erisman & Curtin, Wilmington, Delaware; of counsel: Joanne Zack, Michael J. Boni, and Craig W. Hillwig, of Kohn, Swift & Graf, P.C.; Philadelphia, Pennsylvania, for plaintiff.

Stephen E. Herrmann, of Richards, Layton & Finger, Wilmington, Delaware; of counsel: Brian M. Peters, Kathleen M. Chancler, Jonathan B. Sprague, Mark L. Mattioli, Mark L. Mattioli, and Katherine Layman, of Post & Schell, P.C., Philadelphia, Pennsylvania, for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

INTRODUCTION

This lawsuit alleging violations of federal antitrust laws was brought in 1994 by Delaware Health Care, Inc. ("DHC"), a provider of home health care. See Docket Item ("D.I.") 1. Defendants are MCD Foundation ("the Foundation"), its wholly owned subsidiaries, The Medical Center of Delaware ("MCD"), MCD Holding Company ("MCD Holding") and the Visiting Nurse Association...

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