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KIZZIRE v. BAPTIST HEALTH SYSTEM, INC.

No. 04-16017.

441 F.3d 1306 (2006)

Rhonda KIZZIRE, on behalf of herself and all others similarly situated, Larry Calvin Martin, et al., Plaintiffs-Appellants, v. BAPTIST HEALTH SYSTEM, INC., American Hospital Association, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 9, 2006.

Attorney(s) appearing for the Case

A. David Fawal and Chris W. Cantrell, Law Offices of Archie Lamb, LLC, Birmingham, AL, for Plaintiffs-Appellants.

William J. Boyce, Fulbright & Jaworski L.L.P., Houston, TX, Catherine E. Stetson, Ty Cobb, Mitchell E. Zamoff, Christopher R. Zaetta, Edward C. Crooke, Hogan & Hartson, LLP, R. Jeffrey Layne and Frederick Robinson, Fulbright & Jaworski, LLP, Washington, DC, James R. Bussian, Maynard, Cooper & Gale, P.C., Clarence M. Small, Jr. and Michael A. Vercher, Christian & Small, LLP, Birmingham, AL, Marc B. Collier, Fulbright & Jaworski, LLP, Austin, TX, for Defendants-Appellees.

Alice Miller Maples and Troy King, Montgomery, AL, for State of Alabama, Amicus Curiae.

Before EDMONDSON, Chief Judge, and BLACK and FAY, Circuit Judges.

BLACK, Circuit Judge:

Appellants Rhonda Kizzire, Larry Calvin Martin, and Michael R. Dennis appeal the district court's grant of summary judgment in favor of Baptist Health System, Inc. (BHS) and American Hospital Association (AHA) on the majority of their claims and dismissal of their remaining claim. Appellants' primary allegation is that BHS violated its contractual obligations as a charitable organization under 26 U.S.C. § 501(c)(3) by charging uninsured...

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