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DIAMOND HEALTHCARE v. HUMILITY OF MARY HEALTH

No. 00-1006.

229 F.3d 448 (2000)

DIAMOND HEALTHCARE OF OHIO, INCORPORATED, a Virginia corporation, Plaintiff-Appellant, v. HUMILITY OF MARY HEALTH PARTNERS, formerly known as Saint Elizabeth Health Center, d/b/a Saint Elizabeth Health Center, an Ohio nonprofit corporation; HM Health Services, Incorporated, an Ohio corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 5, 2000.

Attorney(s) appearing for the Case

ARGUED: Judith Bowles Henry and Martin A. Donlan, Jr., Crews & Hancock, P.L.C., Richmond, Virginia, for Appellant. Quintin F. Lindsmith, Bricker & Eckler, L.L.P., Columbus, Ohio, for Appellees. ON BRIEF: Martin A. Donlan, Jr., Crews & Hancock, P.L.C., Richmond, Virginia, for Appellant. Susan C. Armstrong, Mays & Valentine, L.L.P., Richmond, Virginia, for Appellees.

Before NIEMEYER and LUTTIG, Circuit Judges, and Robert R. BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge BEEZER joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

The question presented on appeal in this breach-of-contract action is whether Humility of Mary Health Partners ("HMH Partners"), an Ohio corporation with its principal place of business in Youngstown, Ohio, is subject to the personal jurisdiction of a federal court sitting...

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