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DeBARTOLO v. HEALTHSOUTH CORP.

No. 07-1272.

569 F.3d 736 (2009)

Hansel DeBARTOLO and the H.M. DeBartolo, Jr., M.D., S.C. Pension Plan and Trust, Plaintiffs-Appellants, v. HEALTHSOUTH CORPORATION, Surgicare of Joliet, Inc., and Joliet Surgical Center, Limited Partnership, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 2009.

Attorney(s) appearing for the Case

Michael B. Brohman (argued), Kamensky Rubinstein, Lincolnwood, IL, for Plaintiffs-Appellants.

Chris C. Gair (argued), Jenner & Block, Chicago, IL, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

Hansel DeBartolo, a surgeon, is a limited partner in an ambulatory surgical center managed by the general partner, Surgicare of Joliet, Inc. When DeBartolo failed to certify that his practice at the facility met the threshold mandated by the partnership agreement, Surgicare notified him that it was exercising a clause in the agreement allowing it to buy out his interest. DeBartolo balked and brought this federal action against Surgicare, its...

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