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DAVITA INC. v. NEPHROLOGY ASSOCIATES, P.C.

No. CV102-077.

253 F.Supp.2d 1370 (2003)

DAVITA INC., a Delaware corporation; and Total Renal Care, Inc., a California corporation authorized to do v. NEPHROLOGY ASSOCIATES, P.C., a Georgia professional corporation; Nephrology Centers of America, LLC, a Georgia limited liability corporation; Donald Williamson, M.D., individually; Mark Smith, M.D., individually; and Clay Wilson, M.D., individually, Defendants.

United States District Court, S.D. Georgia, Augusta Division.

March 25, 2003.

Attorney(s) appearing for the Case

Percy J. Blount, Glover, Blount and Millians, Augusta, GA, and Paul E. Chronis, McDermott, Will & Emery, Chicago, IL, for Plaintiff.

Thomas W. Tucker, Benjamin H. Brewton, Tucker, Everitt, Long, Brewton & Lanier, Patrick J. Rice, George R. Hall, Hull, Towill, Norman, Barrett & Salley, Augusta, GA, and Brian A. Sher, Ross & Hardies, Chicago, IL, for Defendants.

ORDER

BOWEN, Chief Judge.

Defendants move for partial dismissal of Plaintiffs' complaint pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6). For the following reasons, Defendants' motion (Doc. No. 32) is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND

Plaintiff Total Renal Care, Inc. ("TRC") is a wholly owned subsidiary of Plaintiff DaVita, Inc. (Complaint...

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