Dm Ii, Ltd. v. Hospital Corporation Of America

130 F.R.D. 469 (N.D. GA 1989)

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Nature of the Case

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Facts

A number of Georgia companies sued two Tennessee corporations for breach of fiduciary duties. Ps alleged a partnership agreement in the operation and ownership of real property in Columbus, Georgia and Doctors Hospital. Ps contend that Ds owe a fiduciary duty by way of this partnership not to compete, but Ds established a competing hospital in the Columbus area. Ps want an accounting and the impression of a constructive trust. Ds are seeking to dismiss the action as they are not being sued by the real party in interest. Ps contend that the claims belong to each partner and may be brought jointly or individually.