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COX NUCLEAR PHARMACY, INC. v. CTI, INC.

No. 05-14713.

478 F.3d 1303 (2007)

COX NUCLEAR PHARMACY, INC., Plaintiff-Counter-Defendant Appellant, Accuscan, L.L.C., Plaintiff, v. CTI, INC., Defendant-Counter-Claimant Appellee, P.E.T. Net Pharmaceuticals, Inc., Defendant-Appellee, Rick Hiatt, an individual, Defendant.

United States Court of Appeals, Eleventh Circuit.

February 13, 2007.

Attorney(s) appearing for the Case

Vincent F. Kilborn, III, William Perry Hall, Kilborn, Roebuck & McDonald, David Allen McDonald, Mobile, AL, for Cox Nuclear Pharmacy, Inc.

George M. Walker, Lisa M. Darnley Cooper, Hand Arendall, LLC, Mobile, AL, Randall Allen, Daniel F. Diffley, Alston & Bird, LLP, Atlanta, GA, for CTI and P.E.T.

Before BIRCH, PRYOR and FAY, Circuit Judges.

BIRCH, Circuit Judge:

This is a case about a failed transaction for the sale of a cyclotron, a device used to create radioactive pharmaceuticals. Appellant Cox Nuclear Pharmacy, Inc. ("Cox") brought claims against Appellee CTI, Inc. ("CTI") for breach of contract and fraud, and CTI responded with a counterclaim against Cox for breach of contract. Cox appeals the district court's grant of summary judgment in favor of CTI on all of Cox's counts and on CTI's counterclaim...

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