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PENNY v. ORTHALLIANCE, INC.

No. CIV.A.3:01-CV-1569-N.

255 F.Supp.2d 579 (2003)

Robert C. PENNY, et al., Plaintiffs, v. ORTHALLIANCE, INC., Defendant.

United States District Court, N.D. Texas, Dallas Division.

March 27, 2003.

Attorney(s) appearing for the Case

David Bryant, Diamond McCarthy Taylor Finley Bryant & Lee, Dallas, TX, Roger B Cowie, Lead Attorney, Thomas Allan Connop, Locke Liddell & Sapp, Dallas, TX, for Robert C. Penny.

Amy M Winters, Joseph J Lowenthal, Jr, Mark A Cunningham, Stewart E Niles, Jr, Jones Walker Waechter Poitevent Carrere & Denegre, New Orleans, LA, James P Karen, Lead Attorney, Tamara Marinkovic, Jones Day, Dallas, TX, Michael J McConnell, Jones Day, Atlanta, GA, for Orthalliance, Inc.

MEMORANDUM OPINION AND ORDER

GODBEY, District Judge.

Before the Court is Plaintiffs' amended motion for partial summary judgment filed on December 14, 2001. For the reasons stated below, Plaintiffs' motion is GRAINED.

I. BACKGROUND

Robert C. Penny ("Penny"), Keith Stewart ("Stewart"), and William M. Reeves ("Reeves") (the "Individual Plaintiffs") are doctors of dental surgery, specializing in the practice of orthodontics;...

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