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WRIGHT THERAPY EQUIPMENT, LLC v. BLUE CROSS AND BLUE SHIELD OF ALA.

1061074.

991 So.2d 701 (2008)

WRIGHT THERAPY EQUIPMENT, LLC, et al. v. BLUE CROSS AND BLUE SHIELD OF ALABAMA.

Supreme Court of Alabama.

April 11, 2008.

Attorney(s) appearing for the Case

J. Bentley Owens III, Sybil V. Newton, and H. Thomas Wells III of Starnes & Atchison, LLP, Birmingham, for appellants Wright Therapy Equipment, LLC, Sheri NeSmith, and Julie Akin.

John E. Medaris, Pelham, for appellant Universal DME, LLC.

Teresa G. Minor, Ed T. Haden, and M. Todd Lowther of Balch & Bingham, LLP, Birmingham, for appellee.

SEE, Justice.

Wright Therapy Equipment, LLC ("Wright Therapy"), Sheri NeSmith, Julie Akin, and Universal DME, LLC ("Universal DME"), appeal the trial court's partial summary judgment and trial judgment in favor of Blue Cross and Blue Shield of Alabama ("Blue Cross"). We hold that the trial court did not err in entering a partial summary judgment in favor of Blue Cross. However, because the trial court exceeded its discretion in denying Akin, NeSmith, and Universal...

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