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HENLEY v. BILOXI H.M.A., L.L.C.

No. 20-60991.

48 F.4th 350 (2022)

Kimberly HENLEY, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. BILOXI H.M.A., L.L.C., a Mississippi Limited Liability Company, doing business as Merit Health Biloxi, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 31, 2022.

Attorney(s) appearing for the Case

Barry L. Kramer , Las Vegas, NV, Christopher Collins Van Cleave , Attorney, Van Cleave Law, P.A., Biloxi, MS, for Plaintiff-Appellant.

Michael James Bentley, Esq. , Jeffrey Ralph Blackwood , James Stephen Fritz, Jr. , Bradley Arant Boult Cummings, L.L.P., Jackson, MS, for Defendant-Appellee.

Before King, Dennis, and Ho, Circuit Judges.

This is an appeal from a district court's grant of a Rule 12(b)(6) motion to dismiss for failure to state a claim. Plaintiff-appellant, Kimberly Henly ("Henly"2), sought a declaratory judgment that defendant-appellee Biloxi H.M.A., L.L.C., doing business as Merit Health Biloxi ("Merit...

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