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MADSEN v. AUDRAIN HEALTH CARE INC.

No. 01-3252.

297 F.3d 694 (2002)

Kurt R.E. MADSEN, D.O., Appellant, v. AUDRAIN HEALTH CARE, INC., doing business as Audrain Medical Center, Joseph A. Corrado, M.D., Michael D. Jones, M.D., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 18, 2002.

Rehearing and Rehearing Denied: September 5, 2002.

Attorney(s) appearing for the Case

Mark D. Murphy, argued, Overland Park, KS, for appellant.

Charles J. McPhetters, argued, Jefferson City, MO (Ronald R. McMillin, on the brief), for appellee.

Before WOLLMAN, BEAM, and LOKEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied: September 5, 2002.

BEAM, Circuit Judge.

Appellant Dr. Kurt Madsen appeals the order of the district court dismissing each count in his complaint. Upon review de novo, we affirm in part and reverse in part.

I. BACKGROUND

For purposes of our review, we accept as true the factual allegations in Madsen's complaint. Botz v. Omni Air Int'l, 286 F.3d 488, 490 (8th Cir...

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