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RADIATION THERAPY, ONC. P.C. v. PROVIDENCE HOSP.

1022099.

906 So.2d 904 (2005)

RADIATION THERAPY ONCOLOGY, P.C., et al. v. PROVIDENCE HOSPITAL.

Supreme Court of Alabama.

January 14, 2005.

Attorney(s) appearing for the Case

Steven L. Nicholas, Steve Olen, and Reggie Copeland, Jr., of Olen, Nicholas & Copeland, Mobile, for appellants.

Caine O'Rear III, Norman M. Stockman, and Lisa Darnley Cooper of Hand Arendall, L.L.C., Mobile, for appellee.

Leonard A. Nelson and Elizabeth LaRocca, office of gen. counsel, American Medical Association, Chicago, Illinois; Wendell R. Morgan, gen. counsel, Medical Association of the State of Alabama, Montgomery; and William F. Shields, gen. counsel, American College of Radiology, Reston, Virginia, for amici curiae American Medical Association, Medical Association of the State of Alabama, and American College of Radiology, in support of the appellants.

Simeon F. Penton of Kaufman & Rothfeder, P.C., Montgomery, for amici curiae Alabama Hospital Association and American Hospital Association, in support of the appellee.

PER CURIAM.

Radiation Therapy Oncology, P.C. ("RTO"), and the physicians employed by RTO — Dr. Ken Ellingwood, Dr. Greg Cotter, and Dr. Rod Krentel — appeal from a summary judgment entered for Providence Hospital in the Mobile Circuit Court.

I. Facts

A. The Parties

RTO is a private oncology group employing radiation oncologists Dr. Ellingwood, Dr. Cotter, and Dr. Krentel ("the RTO physicians"). The RTO physicians...

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