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M & M MEDICAL SUPPLIES v. PLEASANT VALLEY HOSP.

Civ. A. No. A:88-1099.

738 F.Supp. 1017 (1990)

M & M MEDICAL SUPPLIES AND SERVICE, INC., Plaintiff, v. PLEASANT VALLEY HOSPITAL, INC., et al., Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

June 6, 1990.

Attorney(s) appearing for the Case

James A. Burt and James A. Gustino, Burt & Gustino, Orlando, Fla., and Richard A. Bush, Bush & Trippel, Parkersburg, W. Va., for plaintiff.

John E. Jenkins, Jr. and Beverly A. Uhl, Jenkins, Fensetermaker, Frieger, Kayes & Farrell, Huntington, W. Va., and Carroll W. Casto, Casto & Casto, Point Pleasant, W.Va., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court is the Defendants' motion for summary judgment. The issues raised therein have been fully briefed.

The Plaintiff M & M Medical Supplies and Service, Inc. (M & M) is in the business of selling and renting durable medical equipment (DME). The Defendant Pleasant Valley Hospital, Inc. (the Hospital) operates an acute care hospital facility. The Defendant Pleasant Valley...

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