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ORTHODONTIC AFFILIATES, P.C. v. ORTHALLIANCE, INC.

No. 2:01 CV 516.

210 F.Supp.2d 1054 (2002)

ORTHODONTIC AFFILIATES, P.C., Plaintiff, v. ORTHALLIANCE, INC., f/k/a U.S. Orthodontic Care, Inc., Defendant.

United States District Court, N.D. Indiana, Hammond Division.

April 22, 2002.

Attorney(s) appearing for the Case

John Kappos, Merrillville, IN, for plaintiff.

David C. Jensen, John P. Twohy, Michael P. Mulchay, Eichhorn & Eichhorn, Stewart E. Niles, Jr., Joseph J. Lowenthal, Jr., Jones, Walker, Waechter Poitevent, Carrere and Denegre LLP, New Orleans, LA, for defendant.

ORDER

MOODY, District Judge.

This matter comes before the court on cross-motions for summary judgment, and Plaintiff's motion to dismiss Defendant's counterclaim for fraud. Before addressing the legal questions, the court will set forth the context that lead to this dispute.

I. BACKGROUND

Plaintiff is an Indiana professional corporation, whose members are orthodontists. Defendant is the nation's second-largest orthodontics practice...

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