MEDICAL SOC. OF SOUTH CAROLINA v. MUSC

No. 24908.

334 S.C. 270 (1999)

513 S.E.2d 352

MEDICAL SOCIETY OF SOUTH CAROLINA, Respondent, v. MEDICAL UNIVERSITY OF SOUTH CAROLINA, Appellant.

Supreme Court of South Carolina.

Decided February 22, 1999.


Attorney(s) appearing for the Case

Thomas A. Hutcheson, of Sinkler & Boyd, P.A., of Charleston; and H. Simmons Tate, Jr., of Sinkler & Boyd, P.A., of Columbia, for appellant.

Carl F. Muller and Frank S. Holleman, III, both of Wyche, Burgess, Freeman & Parham, P.A., of Greenville; and John C. Moylan, III, of Wyche, Burgess, Freeman & Parham, P.A., of Columbia, for respondent.

W. Hogan Brown and Paula G. Benson, Attorneys for the Senate; Charles F. Reid, Counsel to the Speaker, South Carolina House of Representatives; and Stephen T. Draffin, Code Commissioner and Director, Legislative Council of the General Assembly, for amicus curiae President Pro Tempore of the Senate John W. Drummond, Speaker of the House of Representatives David H. Wilkins, and Legislative Council of the General Assembly.


MOORE, Justice:

This appeal is from an order enjoining a proposed transaction between appellant (MUSC) and Columbia/HCA Healthcare Corporation. We reverse.

FACTS

On March 13, 1996, the MUSC Board of Trustees approved a proposed transaction with Columbia/HCA which included a master agreement, an academic affiliation agreement, a lease agreement, a license agreement, a shared services agreement, a guaranty agreement, and an option/affiliation...

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