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ABBOTT LABORATORIES v. McLAREN GENERAL HOSP.

No. 89-2318.

919 F.2d 49 (1990)

ABBOTT LABORATORIES, Plaintiff-Appellant, v. McLAREN GENERAL HOSPITAL, Defendant-Appellee, Hospital Purchasing Service of Michigan, Intervening Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1990.

Attorney(s) appearing for the Case

Kathleen McCree Lewis, Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich. and Mark H. Sutton (argued), Dykema, Gossett, Spencer, Goodnow & Trigg, Bloomfield Hills, Mich., for plaintiff-appellant.

John P. Siler (argued), Bellairs, Dean, Cooley, Siler & Moulton, Flint, Mich., for defendant-appellee.

Rodney L. Schermer, Scholten, Fant & Marquis, Grand Haven, Mich. and Larry Sanders, Holland, Mich., for intervenor-appellee.

Before NELSON and NORRIS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

This is an appeal from a summary judgment in favor of a hospital that was sued for an alleged breach of a requirements contract. The central issue is whether the intervening defendant, a purchasing service that negotiated group prices for its member hospitals, had authority to act as agent of the defendant hospital in issuing a cancellation notice to the plaintiff supplier. On the basis of facts that were essentially undisputed, the...

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