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SOUTHERN HEALTHCARE SYSTEMS v. HEALTH CARE

No. S01A0242.

545 S.E.2d 882 (2001)

273 Ga. 834

SOUTHERN HEALTHCARE SYSTEMS, INC. v. HEALTH CARE CAPITAL CONSOLIDATED, INC. et al.

Supreme Court of Georgia.

Reconsideration Denied June 4, 2001.

Attorney(s) appearing for the Case

Morris, Manning, & Martin, John P. MacNaughton, Robert C. Threlked, Gregory O. Shenton, Atlanta, Schaneville, Baringer & Meltzer, Dale R. Baringer, Donald M. Meltzer, Jeff W. Traylor, James S. Holliday, Jr., Evest A. Broussard, III, Baton Rouge, LA, for appellant.

Heyman & Sizemore, William B. Brown, Owens, Clary & Aiken, Leighton Aiken, Dallas, TX, for appellee.

THOMPSON, Justice.

Southern Healthcare Systems, Inc. ("SHS"), a non-profit Louisiana corporation, owns several long-term health care facilities in Tennessee, Texas, and Kentucky. In 1990, it entered into agreements with Health Care Capital, Inc. ("HCC"), a Georgia corporation, to manage the facilities. In connection therewith, SHS gave HCC a promissory note in the amount of $3,000,000. Because SHS was already indebted to...

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