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PHP HEALTHCARE CORP. v. EMSA LTD. PARTNERSHIP

No. 92-2342.

14 F.3d 941 (1993)

PHP HEALTHCARE CORPORATION, Plaintiff-Appellee, v. EMSA LIMITED PARTNERSHIP, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1993.

Attorney(s) appearing for the Case

ARGUED: Michael Paul Curreri, Wright, Robinson, McCammon, Osthimer & Tatum, Richmond, VA, for Appellant. Eric R. Dannenmaier, Bryan, Cave, Washington, D.C., for Appellee. ON BRIEF: Mark S. Brennan, Sr., Wright, Robinson, McCammon, Osthimer & Tatum, Richmond, VA, for Appellant. James J. Murphy, Bryan, Cave, Washington, DC; George F. West, Jr., Murphy, McGettigan & West, P.C., Alexandria, VA, for Appellee.

Before PHILLIPS and LUTTIG, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

This is an appeal by EMSA Limited partnership (EMSA), a contract provider of medical services, from an adverse judgment in a diversity action brought by its competitor, PHP Health Care Corporation (PHP), which turned on the enforceability of a "limitation of practice" covenant in personal services contracts EMSA had with the physicians it employed. The district court, applying Florida law, held the covenant not enforceable...

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