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Case 3:12-cv-00139-JLH Document 40 Filed 09/20/13 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

JONESBORO DIVISION

ALLEGIANCE HEALTH
MANAGEMENT, INC.

v.

No. 3:12CV00139 JLH

PLAINTIFF

CITY OF POCAHONTAS, ARKANSAS

DEFENDANT

ORDER

The City of Pocahontas has filed a motion for summary judgment on this breach of contract

action brought against it by Allegiance Health Management, Inc. Although it appears that many of

the material facts are undisputed, at least one of the material facts is not. Specifically, as to whether

the Mayor knew about the management fees paid to Allegiance Health Management in 2007, the

accounts payable clerk, Pat Miller, testified that she believed that the City approved the payments and

that the initials approving an invoice belonged to the Mayor. Although Miller may not have personal

knowledge of whether someone spoke to the Mayor about the payments, her testimony that initials

on an invoice for one of the payments appears to be the Mayor’s creates a genuine issue of material

fact, so the motion for summary judgment must be denied. Document #24.

Because this matter is scheduled for a bench trial, the Court will reserve further comment on

this action until the evidence has been received and the Court makes findings of fact and conclusions

of law. The Court encourages the attorneys to endeavor to stipulate to all of the undisputed facts and

to limit testimony to the factual issues as to which there is a genuine dispute so that the trial can be

streamlined.

IT IS SO ORDERED this 20th day of September, 2013.


J. LEON HOLMES
UNITED STATES DISTRICT JUDGE