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COLE v. ST. JAMES HEALTHCARE

No. DA 07-0410.

199 P.3d 810 (2008)

2008 MT 453

348 Mont. 68

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

Supreme Court of Montana.

Decided December 30, 2008.

Attorney(s) appearing for the Case

For Appellant: Robert F. James; Ugrin, Alexander, Zadick & Higgins, PC; Great Falls, Montana.

For Appellee: C. Richard Anderson; McKeon & Anderson, PC; Butte, Montana, Mark Anthony Vucurovich; Henningsen, Vucurovich, Richardson, PC; Butte, Montana.

For Amici Curiae: James P. Molloy; Molloy Law Firm; Helena, Montana (for Drs. Popovich, Sorini, Pullman, Chamberlain & Cortese and the Association of American Physicians & Surgeons, Inc.).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 St. James Healthcare ("St. James") appeals a preliminary injunction issued by the Second Judicial District Court, Silver Bow County. We affirm.

¶ 2 St. James raises two issues on appeal, both of which go to the merits of the case. The only issue properly before this Court, however, is the propriety of the preliminary injunction issued by the District Court. Accordingly, we state...

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