LOVE v. NATIONAL MEDICAL ENTERPRISES

No. 99-20656.

230 F.3d 765 (2000)

Justin LOVE; et al., Plaintiffs, Blue Cross and Blue Shield of Texas, Inc., Intervenor Plaintiff-Appellant, v. NATIONAL MEDICAL ENTERPRISES, et al., Defendants, National Medical Enterprises, Inc.; NME Psychiatric Hospitals, Inc., formerly known as Psychiatric Institutes of America, Inc.; NME Specialty Hospitals, Inc.; North Houston Health Care Campus, Inc., doing business as Laurelwood Hospital, formerly known as Laurelwood Hospital, Inc.; Baywood Hospital, Inc., doing business as Baywood Hospital; Psychiatric Facility at Amarillo, Inc., doing business as Cedar Creek Hospital, formerly known as PIA Amarillo, Inc.; PIA Denton, Inc., doing business as Twin Lakes Hospital; PIA of Fort Worth, Inc., doing business as Psychiatric Institutes of Fort Worth; PIA San Antonio, Inc., doing business as Colonial Hills Hospital; PIA Stafford, Inc., doing business as Stafford Meadows Hospital; PIA Waxahachie, Inc., doing business as Willowbrook Hospital; Psychiatric Institute of Bedford, Inc., doing business as Bedford Meadows Hospital; Psychiatric Institute of Sherman, Inc., doing business as Arbor Creek Hospital; Brookhaven Psychiatric Pavilion, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied November 17, 2000.


Attorney(s) appearing for the Case

Michael T. Gallagher, Gallagher, Lewis, Downey & Kim, Sharon S. McCally (argued), Moore & McCally, Houston, TX, for Blue Cross and Blue Shield of Texas, Inc.

Robert B. Krakow, Gibson, Dunn & Crutcher, Dallas, TX, for National Medical Enterprises, Inc.

Barry Frank McNeil, Stacy Lee Brainin, Sharon N. Freytag (argued), Haynes & Boone, Dallas, TX, for NME Psychiatric Hospitals Inc. and NME Specialty Hospitals, Inc.

Bryan James Maedgen, Charles Scott Nichols, Strasburger & Price, Dallas, TX, for North Houston Health Care Campus Inc., Baywood Hospital Inc., Psychiatric Facility at Amarillo Inc., PIA Denton Inc., PIA Ft. Worth Inc., PIA San Antonio, Inc., PIA Stafford Inc., PIA Waxahachie Inc., Psychiatric Institute of Bedford Inc., Psychiatric Institute of Sherman Inc. and Brookhaven Psychiatric Pavilion.

Before JOLLY, SMITH and BARKSDALE, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied November 17, 2000.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is which limitations accrual rule to apply for civil claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68, when injuries occur not only during, but outside, the limitations period. Summary judgment was awarded against Blue Cross and Blue Shield of Texas, Inc. on the ground...

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