Mahan v. Avera St. Luke's
South Dakota Supreme Court
1Opinion of the CourtGilbertson, Justice
(on reassignment).
[¶ 1.] Orthopedic Surgery Specialists (OSS), a South Dakota corporation, and its individual physicians, commenced this action against Avera St. Lukes (ASL) alleging breach of contract. The trial court granted OSS’ motion for summary judgment and entered a mandatory permanent injunction against ASL. ASL then filed this appeal. We reverse.
FACTS AND PROCEDURE
[¶ 2.] ASL is a private, nonprofit, general acute care hospital located in Aberdeen, South Dakota, organized under the nonprofit corporation laws of South Dakota. ASL is part of Avera Health, a regional health care system…
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