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MANAGED HEALTH CARE ASSOCIATES, INC. v. KETHAN

No. 99-5444.

209 F.3d 923 (2000)

MANAGED HEALTH CARE ASSOCIATES, INC., MHCA Acquisition Inc., d/b/a MHA/MedEcon, Plaintiffs-Appellants, v. Ronald KETHAN, East Texas Regional Cooperative, d/b/a First Choice Cooperative, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2000.

Attorney(s) appearing for the Case

Dennis D. Murrell (briefed), William J. Hunter, Jr. (argued and briefed), Thomas P. O'Brien, III (briefed), Middleton & Reutlinger, Louisville, Kentucky, Louis M. Solomon (briefed), Daniel L. Abrams (briefed), Swidler, Berlin, Shereff & Friedman, New York, New York, for Plaintiffs-Appellants.

R. Gregg Hovious (briefed), Tachau, Maddox, Hovious & Dickens, Louisville, Kentucky, Charles M. Pritchett (briefed), James D. Cockrum (argued and briefed), Brown, Todd & Heyburn, Louisville, Kentucky, for Defendants-Appellees.

Before: WELLFORD, SILER, and GILMAN, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which SILER, J., joined. WELLFORD, J. (p. 931), delivered a separate dissenting opinion.

OPINION

GILMAN, Circuit Judge.

Managed Health Care Associates, Inc. and MHCA Acquisition, Inc., d/b/a MHA/MedEcon (collectively MHA), commenced an action in state court against Ronald Kethan (Kethan) and East Texas Regional Cooperative, d/b/a First Choice Cooperative (First Choice). MHA sought a preliminary injunction...

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