ACADEMY HEALTH CENTER, INC. v. HYPERION FOUNDATION, INC.

Civil Action No. 2:10cv123-KS-MTP.

ACADEMY HEALTH CENTER, INC. f/k/a ADVENTIST HEALTH CENTER, INC. PLAINTIFF/COUNTER-DEFENDANT, v. HYPERION FOUNDATION, INC.; ALTACARE MANAGEMENT CORPORATION DEFENDANTS/COUNTER-PLAINTIFFS, DOUGLAS K. MITTLEIDER; LONG TERM CARE SERVICES, INC.; HARRY M. CLARK; AND JOHN DOES 1-25 DEFENDANTS.

United States District Court, S.D. Mississippi, Hattiesburg Division.

February 16, 2012.


Attorney(s) appearing for the Case

Academy Health Centers, Inc., formerly known as Adventist Health Center, Inc., Plaintiff represented by Matthew D. Miller , COPELAND, COOK, TAYLOR & BUSH, PA — Hattiesburg.

Academy Health Centers, Inc., formerly known as Adventist Health Center, Inc., Plaintiff represented by J. Tucker Mitchell , MITCHELL DAY LAW FIRM, PLLC.

Academy Health Centers, Inc., formerly known as Adventist Health Center, Inc., Plaintiff represented by Matthew T. Biggers , MITCHELL DAY HEALTH LAW FIRM, PLLC.

Academy Health Centers, Inc., formerly known as Adventist Health Center, Inc., Plaintiff represented by Randall E. Day , MITCHELL DAY HEALTH LAW FIRM, PLLC.

Hyperion Foundation, Inc., Defendant represented by Carroll H. Ingram , INGRAM & ASSOCIATES.

Hyperion Foundation, Inc., Defendant represented by Andrew W. Impastato , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Hyperion Foundation, Inc., Defendant represented by Jennifer Ingram Wilkinson , INGRAM & ASSOCIATES.

Hyperion Foundation, Inc., Defendant represented by John G. Corlew , CORLEW MUNFORD & SMITH, PLLC.

Hyperion Foundation, Inc., Defendant represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Altacare Management Corporation, Defendant represented by Carroll H. Ingram , INGRAM & ASSOCIATES.

Altacare Management Corporation, Defendant represented by Andrew W. Impastato , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Altacare Management Corporation, Defendant represented by Jennifer Ingram Wilkinson , INGRAM & ASSOCIATES.

Altacare Management Corporation, Defendant represented by John G. Corlew , CORLEW MUNFORD & SMITH, PLLC.

Altacare Management Corporation, Defendant represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Douglas K. Mittleider, Defendant represented by Andrew W. Impastato , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Douglas K. Mittleider, Defendant represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Long Term Care Services, Inc., Defendant represented by Andrew W. Impastato , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Long Term Care Services, Inc., Defendant represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Harry M. Clark, Defendant represented by Andrew W. Impastato , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Harry M. Clark, Defendant represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

John Does 1-25, Defendant represented by Andrew W. Impastato , HAMMACK, BARRY, THAGGARD & MAY, LLP.

John Does 1-25, Defendant represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Hyperion Foundation, Inc., Counter Claimant, represented by Carroll H. Ingram , INGRAM & ASSOCIATES.

Hyperion Foundation, Inc., Counter Claimant, represented by Jennifer Ingram Wilkinson , INGRAM & ASSOCIATES.

Hyperion Foundation, Inc., Counter Claimant, represented by John G. Corlew , CORLEW MUNFORD & SMITH, PLLC.

Hyperion Foundation, Inc., Counter Claimant, represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Altacare Management Corporation, Counter Claimant, represented by Carroll H. Ingram , INGRAM & ASSOCIATES.

Altacare Management Corporation, Counter Claimant, represented by Jennifer Ingram Wilkinson , INGRAM & ASSOCIATES.

Altacare Management Corporation, Counter Claimant, represented by John G. Corlew , CORLEW MUNFORD & SMITH, PLLC.

Altacare Management Corporation, Counter Claimant, represented by William T. May , HAMMACK, BARRY, THAGGARD & MAY, LLP.

Academy Health Centers, Inc., Counter Defendant represented by Matthew D. Miller , COPELAND, COOK, TAYLOR & BUSH, PA — Hattiesburg.

Academy Health Centers, Inc., Counter Defendant represented by Matthew T. Biggers , MITCHELL DAY HEALTH LAW FIRM, PLLC.

Academy Health Centers, Inc., Counter Defendant represented by Randall E. Day , MITCHELL DAY HEALTH LAW FIRM, PLLC.


MEMORANDUM OPINION AND ORDER

KEITH STARRETT, District Judge.

This matter is before the Court on a Motion for Summary Judgment on Counterclaim [#101] filed on behalf of the Plaintiff, Academy Health Center, Inc. The Court, having reviewed the motion, the response, the briefs of counsel, the pleadings and exhibits on file, and being fully advised in the premises, finds that the motion is well taken and should be granted...

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