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BENCHMARK MEDICAL HOLDINGS, INC. v. REHAB SOLUTIONS, LLC

No. CIV.A.03-A-993-N.

307 F.Supp.2d 1249 (2004)

BENCHMARK MEDICAL HOLDINGS, INC., et al., Plaintiffs, v. REHAB SOLUTIONS, LLC, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

March 5, 2004.

Attorney(s) appearing for the Case

David J. Middlebrooks, Albert Loring Vreeland, II, R. Brett Adair, Lehr Middlebrooks Price & Vreeland, PC, Birmingham, AL, for Benchmark Medical Holdings, Inc., Benchmark Medical Management Company, Benchmark Acquisition Corp., plaintiffs.

Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Rehab Solutions, Inc.

Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, Richard A. Ball, Jr., B. Saxon Main, Ball, Ball, Matthews & Novak, P.A., Montgomery, for Glen" Rocky" Barnes, Quinn S. Millington, Dale M. Yake, defendants.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I. INTRODUCTION

This case is before the court on a Motion for Summary Judgment filed by Glen "Rocky" Barnes ("Defendant" or "Barnes") on January 30, 2004 (Doc. # 80). Barnes seeks summary judgment on the claims brought against him, and he also seeks partial summary judgment on his counter-claims.

Benchmark Medical Holdings, Inc., Benchmark Medical Management...

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