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DM II, Ltd. v. Hospital Corporation of America

United States District Court, N.D. Georgia
130 F.R.D. 469 (N.D. Ga. 1989)


Facts

Several Georgia corporations and two Tennessee corporations jointly owned real property in Georgia. Doctors Hospital was located on the property. The Georgia corporations allege that the parties were partners with respect to the operation and ownership of Doctors Hospital, such that each owed the other fiduciary duties. The Georgia corporations alleged that the Tennessee corporations breached their fiduciary duties by establishing a competing hospital and demanded an accounting of profits and imposition of a constructive trust upon the profits. The Tennessee corporations argued that the claim should be dismissed because it was not brought in the name of the real party in interest, Doctors Hospital.

Rule of Law

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Issue

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Holding and Reasoning (Forrester, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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