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LENSCRAFTERS, INC. v. WADLEY

Nos. 3:98-0150, 3:00-0096.

248 F.Supp.2d 705 (2003)

LENSCRAFTERS, INCORPORATED, Plaintiff, v. Fredia WADLEY, in her Official capacity as Commissioner of the Tennessee Department of Health, et al., Defendants. U.S. Vision, Cole Vision Corporation, and National Association of Optometrists and Opticians, v. Fredia Wadley, in her Official capacity as Commissioner of the Tennessee Department of Health, et al., Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

Order Granting in Part, Denying in Part Motion to Amend Opinion February 26, 2003.

Attorney(s) appearing for the Case

Barbara Jean Moss, Wyatt, Tarrant & Combs, Nashville, TN, Stacey Leigh Jarrell, Julie A. Maloney, Thorp, Reed & Armstrong, Pittsburgh, PA, Thorp, Reed & Armstrong, Pittsburgh, Barry Friedman, New York, NY, Kenneth Edward Pringle, Pringle, Quinn & Anzano, Belmar, NJ, for Lenscrafters, Inc., pltf.

Eugene N. Bulso, Jr., Barbara Hawley Smith, Melissa R. Ballengee, Boult, Cummings, Conners & Berry, Nashville, TN, for defts.

Raoul A. Renaud, Vision Service Plan, Rancho Cordova, CA, for Vision Service Plan.

Richard M. Smith, Smith & Cashion, PLC, Nashville, TN, for Gary Collins.

MEMORANDUM

TRAUGER, District Judge.

Pending before the court are cross-Motions for Summary Judgment (Docket Nos. 163, 169) and responses thereto (Docket Nos. 197, 200) For the reasons discussed herein, the defendants' motion will be granted, and plaintiffs' motion will be denied.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Evidentiary Matters

As an initial matter, plaintiffs refer to a number of documents in...

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