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N.C. BAPTIST HOSP. v. NOVANT HEALTH

No. COA08-747.

673 S.E.2d 794 (2009)

NORTH CAROLINA BAPTIST HOSPITAL, Plaintiff, v. NOVANT HEALTH, INC. and Forsyth Memorial Hospital, Inc. d/b/a Forsyth Medical Center, Defendants.

Court of Appeals of North Carolina.

March 17, 2009.

Attorney(s) appearing for the Case

Kilpatrick Stockton, LLP, by James H. Kelly, Jr., Adam H. Charnes, and Richard D. Dietz, Winston-Salem, for plaintiff-appellee.

Martin & Van Hoy, LLP, by Henry P. Van Hoy, II, Mocksville, for Amici Curiae Davie County and the Towns of Mocksville, Bermuda Run, and Cooleemee.

Nelson Mullins Riley & Scarborough, LLP, by Noah H. Huffstetler, III, Denise M. Gunter, Wallace C. Hollowell, III, and Elizabeth B. Frock, Raleigh, for defendants-appellants.

STEELMAN, Judge.

Where the trial court correctly concluded that plaintiff had shown a likelihood of success on the merits of its claim that defendants breached the parties' Agreement, and that plaintiff would suffer immediate and irreparable injury if a preliminary injunction were not entered, the court did not err in issuing the preliminary injunction.

I. Factual and Procedural Background

Plaintiff-appellee North Carolina Baptist Hospital...

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