Berry Network v. Magellan Health Ser., Unpublished Decision (6-28-2002)

OPINION

Plaintiff, Berry Network, Inc. ("Berry"), appeals from a summary judgment for Defendant, Magellan Health Services, Inc., f/k/a Charter Medical Corporation ("Magellan"), on Berry's claim on an account.

Berry is in the business of placing yellow pages advertising on behalf of its clients. Magellan owns and operates hospitals. In 1997, Magellan sold some of its hospitals to Charter Behavioral Health Systems, L.L.C. ("Charter").

Berry placed advertising on Charter's behalf from 1997 to 2000. Charter owed Berry approximately $2.8 million for unpaid services in that regard.

Berry learned that…