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AYA HEALTHCARE SERV., INC. v. AMN HEALTHCARE, INC.

No. 20-55679.

9 F.4th 1102 (2021)

AYA HEALTHCARE SERVICES, INC.; Aya Healthcare, Inc., Plaintiffs-Appellants, v. AMN HEALTHCARE, INC.; AMN Healthcare Services, Inc.; AMN Services, LLC; Medefis, Inc.; Shiftwise, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2021.

Attorney(s) appearing for the Case

William A. Markham (argued), Dorn G. Bishop , and Jason Eliaser , Law Offices of William Markham P.C., San Diego, California, for Plaintiffs-Appellants.

David H. Bamberger (argued), DLA Piper LLP (US), Washington, D.C.; Noah A. Katsell , DLA Piper LLP (US), San Diego, California; for Defendants-Appellees.

Mary Helen Wimberly (argued) and Daniel E. Haar , Attorneys; Elyse Dorsey , Counsel to the Assistant Attorney General; Michael F. Murray , Deputy Assistant Attorney General; Makan Delrahim , Assistant Attorney General; Antitrust Division, United States Department of Justice, Washington, D.C.; for Amicus Curiae United States of America.

Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and EDUARDO C. ROBRENO, District Judge.

OPINION

In 2010, Appellee AMN Healthcare, Inc. (AMN) contracted with Appellant Aya Healthcare Services, Inc. (Aya) to provide travel nursing services to hospitals and other healthcare facilities. This case involves the non-solicitation provision within that contract...

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