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TENET HEALTHSYSTEM v. JEFFERSON PARISH HOSP.

No. 04-31055.

426 F.3d 738 (2005)

TENET HEALTHSYSTEM SURGICAL, L.L.C., Plaintiff-Counter Defendant-Appellant, v. JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 1, doing business as West Jefferson Medical Center, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 2005.

Attorney(s) appearing for the Case

Daniel A. Ranson (argued), Gaudry, Ranson, Higgins & Gremillion, Gretna, LA, for Plaintiff-Counter Defendant-Appellant.

Peter J. Butler, Jr., Peter J. Butler (argued), Richard G. Passler, Breazeale, Sachse & Wilson, New Orleans, LA, for Defendant-Counter Claimant-Appellee.

Before KING, Chief Judge, DAVIS, Circuit Judge, and FITZWATER, District Judge.

W. EUGENE DAVIS, Circuit Judge:

Tenet HealthSystem Surgical, L.L.C. appeals the judgment of the district court dismissing its claims for breach of lease and other claims against the defendant Jefferson Parish Hospital Service District No. 1, operator of West Jefferson Medical Center. Based on our conclusion that West Jefferson's denial of consent to Tenet's proposed assignment of the lease was unreasonable, we reverse.

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