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LLOYD NOLAND FOUNDATION v. HEALTHSOUTH CORP.

1041121.

979 So.2d 784 (2007)

THE LLOYD NOLAND FOUNDATION, INC. v. HealthSOUTH CORPORATION.

Supreme Court of Alabama.

August 24, 2007.

Attorney(s) appearing for the Case

Sydney F. Frazier, Jr., and Roy J. Crawford of Cabaniss, Johnston, Gardner, Dumas & O'Neal, LLP, Birmingham; Daniel J. Reynolds, Jr., Bessemer; J. Timothy Francis, Birmingham; and W. Ryan deGraffenried, Jr., of Watson, deGraffenried, Hardin & Tyra, Tuscaloosa, for appellant.

Bruce F. Rogers and Charles K. Hamilton of Bainbridge, Mims, Rogers & Smith, LLP, Birmingham; and Jon B. Terry of Bains & Terry, Bessemer, for appellee.

BOLIN, Justice.

The Lloyd Noland Foundation, Inc. ("the Foundation"), appeals from the Jefferson Circuit Court's order granting a motion filed by HealthSouth Corporation to dismiss the Foundation's complaint on the grounds of res judicata and collateral estoppel. We reverse and remand.

Facts and Procedural History

In 1996, the Foundation and Tenet Health System Medical, Inc., a subsidiary of Tenet Healthcare Corporation ("Tenet"), entered...

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