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AMERICORP FINANCIAL v. ST. JOSEPH'S HOSPITAL

No. 5:01-CV-1277 HGM/GLS.

180 F.Supp.2d 387 (2001)

AMERICORP FINANCIAL, INC., Plaintiff, v. ST. JOSEPH'S HOSPITAL HEALTH CENTER, Defendant.

United States District Court, N.D. New York.

December 12, 2001.

Attorney(s) appearing for the Case

Walter D. Kogut, P.C., Syracuse, NY, Clark Hill, PLC (David A. Breuch, Brian M. Ziff, of counsel), Detroit, MI, for Plaintiff.

Costello, Cooney & Fearon, LLP, (Edmund J. Gegan, of counsel), Syracuse, NY, for Defendant.

MEMORANDUM — DECISION AND ORDER

MUNSON, Senior District Judge.

FACTS

On October 15, 1998, defendant St. Joseph's Hospital Health Center ("St.Joseph's") entered into a Fee for Service Agreement ("the Agreement") with Computer Motion, Inc. ("CMI"). Pursuant to the Agreement, CMI provided St. Joseph's with endoscopic surgical equipment and St. Joseph's agreed to purchase a certain number of "disposables" per month for use with the equipment...

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