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ST. JAMES HEALTHCARE v. COLE

No. DA 07-0084.

178 P.3d 696 (2008)

2008 MT 44

341 Mont. 368

ST. JAMES HEALTHCARE, Plaintiff and Appellee, v. Jesse A. COLE, M.D., Defendant and Appellant.

Supreme Court of Montana.

Decided February 12, 2008.

Rehearing Denied March 5, 2008.

Attorney(s) appearing for the Case

For Appellant: C. Richard Anderson, Michael J. McKeon, McKeon & Anderson, P.C., Butte, Montana, Mark A. Vucurovich, Henningson, Richardson & Vucurovich, P.C., Butte, Montana.

For Appellee: A. Clifford Edwards, Roberta Anner-Hughes, Edwards, Frickle, Anner-Hughes & Culver, Billings, MT.

For Amici: James P. Molloy, Molloy Law Firm, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Jesse A. Cole, M.D., appeals the issuance of an injunction in the Second Judicial District, Silver Bow County. We affirm in part, reverse in part, and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Dr. Cole is a licensed physician in the State of Montana who practices radiology in Butte, Montana. He was the head...

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