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CLEVELAND SURGERY v. BRADLEY MEMORIAL

30 S.W.3d 278 (2000)

CLEVELAND SURGERY CENTER, L.P. et al., v. BRADLEY COUNTY MEMORIAL HOSPITAL, et al.

Supreme Court of Tennessee, at Knoxville.

August 25, 2000.

Attorney(s) appearing for the Case

Dan H. Elrod, G. Brian Jackson, and David L. Johnson, Nashville, TN, for appellant, Bradley County Memorial Hospital.

David J. Cocke, Memphis, TN, for appellant, Ocoee Health Alliance.

William H. West, Nashville, TN and Buddy B. Presley, Jr., Chattanooga, TN, for appellees, Cleveland Surgery Center, L.P. and Ocoee Physical Therapy, Incorporated.

William B. Hubbard and William Penny, Nashville, TN, for amici curiae, Tennessee Hospital Association and Hospital Alliance of Tennessee, Incorporated.

OPINION

DROWOTA, J., delivered the opinion of the court, in which ANDERSON, C.J., BIRCH, HOLDER and BARKER, JJ., joined.

The plaintiffs/appellees, private health care providers, brought a declaratory judgment action alleging that the defendants/appellants were violating Article II, § 29 of the Tennessee Constitution which precludes any "County, City or Town" from either giving or loaning its credit to any private person or private business or becoming...

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