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FOUNDATION FOR SEACOAST v. HCA HEALTH SER.

No. 2007-537.

953 A.2d 420 (2008)

FOUNDATION FOR SEACOAST HEALTH v. HCA HEALTH SERVICES OF NEW HAMPSHIRE, INC. and another

Supreme Court of New Hampshire.

Opinion Issued: July 15, 2008.

Attorney(s) appearing for the Case

Devine, Millimet & Branch P.A., of Manchester (George R. Moore and Daniel E. Will on the brief, and Mr. Moore orally), and McDermott, Will & Emery LLP, of Boston, Massachusetts (Emily E. Smith-Lee on the brief), for the plaintiff.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Wilbur A. Glahn, III on the brief), and Latham & Watkins LLP, of Washington, D.C. (Everett C. Johnson, Jr. & a. on the brief and Mr. Johnson orally), for the defendants.

HICKS, J.

The plaintiff, Foundation for Seacoast Health (Foundation), appeals decisions of the Superior Court (McHugh, J.) granting the defendants', Hospital Corporation of America (HCA) and its successors and HCA Health Services of New Hampshire, Inc. (HCA-NH), motion for summary judgment and motion to dismiss, and denying the Foundation's motion for partial summary judgment. We affirm in part, vacate in part and remand.

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