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Biotech / Medical : HCA Healthcare Corporation (NYSE: HCA)(was COL)
HCA 472.10-1.4%Jan 9 9:30 AM EST

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To: Thomas J Pittman who wrote ()7/3/1998 3:46:00 PM
From: leigh aulper   of 345
 
NASHVILLE, Tenn. (AP) - A federal magistrate has recommended dismissal of a shareholders' lawsuit charging Columbia/HCA Healthcare Corp. and its directors with fraud, saying there isn't enough evidence.

Magistrate William Haynes Jr. also recommended that U.S. District Judge Thomas Higgins throw out a separate shareholders' suit against certain Columbia directors, including former chairman Richard Scott and former president David Vandewater.

The lawsuits were filed last spring in response to a federal investigation into allegations Columbia overcharged Medicare and other federal health programs.

Haynes said the shareholders didn't provide enough evidence indicating ''a company-wide practice of knowing misrepresentations by the defendants.''

Lyle Reid, Columbia's vice president for litigation, said the company was pleased with Haynes' decision but he declined to comment further Thursday.

Attorneys for the shareholders said they will file objections. Among them will be an appeal of an earlier court decision forbidding them from interviewing witnesses or subpoenaing documents to support the lawsuits.

Higgins assigned Haynes to consider evidence in the case and report to him. He is not bound to follow Haynes' recommendation but likely will, although his decision may not come for several months.

AP-NY-07-03-98 1124EDT
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