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Contracts Keyed to Calamari
Packard, D.M.D., M.S. v. OCA, Inc.
Citation:
624 F.3d 726Facts
Dr. Packard (plaintiff), a dentist, entered into an agreement with Apple Orthodontix Inc. (hereinafter “Apple”) for practice management services. Apple later went bankrupt and sold its contract with Dr. Packard to OCA, Inc. and Orthodontic Centers of Texas, Inc. (collectively known as “OCA”) (defendants). OCA and Dr. Packard entered into a new, long-term management services agreement that superseded the previous agreement that Dr. Packard had with Apple. Under the new agreement, OCA was to provide business and administrative support to Dr. Packard for a twenty-five year term. Five years into the new agreement, Dr. Packard terminated the contract and sued OCA for declaratory judgment to have the new agreement declared illegal and void. The district court found that the OCA-Packard agreement was illegal because it allowed OCA to engage in the unlicensed practice of dentistry. OCA appealed.
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