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  5. 892 F.Supp.2d 861 (2012)
 

NORTH CYPRESS MEDICAL CENTER v. FEDEX CORP.

Civil Action No. H-11-3735.

892 F.Supp.2d 861 (2012)

NORTH CYPRESS MEDICAL CENTER OPERATING COMPANY LTD and North Cypress Medical Center Operating Company GP, LLC, Plaintiffs, v. FEDEX CORPORATION and Federal Express Corporation, Defendants.

United States District Court, S.D. Texas, Houston Division.

September 14, 2012.

Attorney(s) appearing for the Case

J. Douglas Sutter , Kelly, Sutter & Kendrick, P.C., Houston, TX, for Plaintiffs.

Robert R. Ross , Federal Express Corp., Memphis, TN, for Defendants.

ORDER

DAVID HITTNER, District Judge.

Pending before the Court is the Motion for Summary Judgment on Behalf of Fedex Corporation and for Partial Summary Judgment on Behalf of Federal Express Corporation. Having considered the motion, submissions, and applicable law, the Court determines that the motion should be granted in part and denied in part.

I. BACKGROUND

This case arises from the shipment of three boxes of medical documentation...

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