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NATIONAL MEDICAL CARE, INC. v. ESPIRITU

No. CIV.A. 2:03-0020.

284 F.Supp.2d 424 (2003)

NATIONAL MEDICAL CARE, INC., dba Fresenius Medical Care North America, Plaintiff, v. Julian L. ESPIRITU, Jr., MD., et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

September 30, 2003.

Attorney(s) appearing for the Case

Mark D. Clark, Jackson Kelly, Charleston, WV, Heather S. Heidelbaugh, Christopher S. Channel, Burns White & Hickton, Pittsburgh, PA, for Plaintiff and Counter-Defendant National Medical Care, Inc.

Steven P. McGowan, Paul K. Reese, Marc R. Weintraub, Steptoe & Johnson, Charleston, WV, for Defendant and Cross-Claimant Julian L. Espiritu, Jr., M.D., for Defendant and Cross-Claimant Greater Charleston Dialysis, PLLC, for Defendant and Cross-Claimant J & F Properties, LLC.

Paul L. Weber, David V. Moore, Moore & Weber, Charleston, WV, James W. Creenan, Waymar, Irvin & McAuley, Pittsburgh, PA, for Defendant and Cross-Defendant Uner Gokeen, Architect, for Defendant and Cross-Defendant Architurk/Medarch, Inc.

William deForest Thompson, Hurricane, WV, for Movant Paul W. Tennant, AIA.

Michael W. Carey, Carey Scott & Douglas, Charleston, WV, for Defendant John Wolfe, for Defendant Wolfe Construction Company, Inc.

ORDER

GOODWIN, District Judge.

Pending before the court is the motion of the plaintiff, National Medical Care, Inc., d/b/a Fresenius Medical Care North America (Fresenius), for preliminary injunction [Docket 4]. For the reasons discussed below, this motion for preliminary injunction is GRANTED in part and DENIED in part.

I. Findings of Fact

The court FINDS that the facts of this case are as follows...

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