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MAHAN v. AVERA ST. LUKE'S

Nos. 21118, 21135.

621 N.W.2d 150 (2001)

2001 SD 9

Drs. John MAHAN, James MacDougall, Michael Holte, Chester Mayo, Matthew Reynen, and Donald Frisco, Individuals, and Residents of Aberdeen, South Dakota, and Orthopedic Surgery Specialists, Ltd., A South Dakota Medical Partnership, Plaintiffs and Appellees, v. AVERA ST. LUKE'S, A South Dakota Non Profit Community Hospital, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned October 26, 2000.

Decided January 10, 2001.

Rehearing Denied February 20, 2001.

Attorney(s) appearing for the Case

Chester A. Groseclose, Jr. of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, SD, and Richard G. Braman, Thomas S. Darling of Gray, Plant, Mooty, Mooty, & Bennett, Minneapolis, MN, Attorneys for plaintiffs and appellees.

Edwin E. Evans, Melissa C. Hinton of Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Attorneys for defendant and appellant.

GILBERTSON, Justice (on reassignment).

[¶ 1.] Orthopedic Surgery Specialists (OSS), a South Dakota corporation, and its individual physicians, commenced this action against Avera St. Lukes (ASL) alleging breach of contract. The trial court granted OSS' motion for summary judgment and entered a mandatory permanent injunction against ASL. ASL then filed this appeal. We reverse.

FACTS AND PROCEDURE

[¶ 2.] ASL is a private, nonprofit, general...

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