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NEMAZEE v. PREMIER, INC.

No. 02 Civ. 2799(AGS).

232 F.Supp.2d 172 (2002)

Hassan NEMAZEE individually and derivatively on behalf of Medibuy.com, Inc. a/k/a Medibuy, Inc., Plaintiff, v. PREMIER, INC., Premier Purchasing Partners L.P., Premier Plans, LLC, Healthtrust Purchasing Group, L.P., HCA, Inc. f/k/a Columbia/HCA Healthcare Corp., Medibuy.com, Inc. a/k/a Medibuy, Inc., John Does 1-10 who are Persons Who May Be Interested in this Action, but who are unknown to plaintiff including the general partner of Healthtrust Purchasing Group, L.P., Defendants.

United States District Court, S.D. New York.

November 13, 2002.

Attorney(s) appearing for the Case

Eric W. Berry, Eric W. Berry Law Office, New York City, for Hassan Nemazee.

Richard C. Schoenstein, Paul, Hastings, Janofsky & Walker, LLP, New York City, for Premier, Inc., Premier Purchasing Partners, L.P., Premier Plans, LLC.

Thomas J. Moloney, Clearly, Gottlieb, Steen & Hamilton, New York City, for Mediabuy.Com, Inc.

Paul B. Sweeney, Hogan & Hartson, L.L.P., New York City, for HCA, Inc., Healthtrust Purchasing Group, L.P.

MEMORANDUM ORDER

SCHWARTZ, District Judge.

I. Introduction

Plaintiff Hassan Nemazee originally filed this derivative action individually and on behalf of Medibuy.com, Inc. a/k/a Medibuy, Inc. ("Medibuy") in the Supreme Court of the State of New York, New York County. In his complaint, Nemazee alleged that certain transactions involving defendants were unlawful because the non-Medibuy defendants used their positions as controlling shareholders...

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