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MEDICAL BILLING, INC. v. MEDICAL MANAGEMENT SCIENCES, INC.

Nos. 98-3561, 98-3564.

212 F.3d 332 (2000)

MEDICAL BILLING, INC., Plaintiff-Appellee, Reich, Seidelmann & Janicki, Plaintiff-Appellee/Cross-Appellant, v. MEDICAL MANAGEMENT SCIENCES, INC.; James F. Thacker; William J. DeZonia, Jr., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2000.

Attorney(s) appearing for the Case

Christopher P. Johnson (argued and briefed), Caryn G. Mazin (briefed), Brobeck, Phleger & Harrison, New York, New York, Diana B. VanDervort, Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Cleveland, OH, for Appellees.

Daniel L. Brockett (argued and briefed), Robin G. Weaver (briefed), Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellants.

Before: MERRITT and SILER, Circuit Judges; BECKWITH, District Judge.

BECKWITH, D.J., delivered the opinion of the court, in which SILER, J., joined. MERRITT, J. (pp. 340-41), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BECKWITH, District Judge.

Reich, Seidelmann & Janicki ("RS&J") is a radiology practice. Until September 1992, Medical Billing, Inc. ("MBI"), which is owned by Drs. Reich and Seidelmann, performed billing services for RS&J and two other small affiliated...

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