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arbitration provisions of the partnership agreement do not apply
to break the deadlock.
Petitioner's appointees to the managing directors have
successfully blocked various proposals by SCA Centers that
additional surgical procedures be conducted at the Surgery
Center. For example:
-- SCA Centers requested that Redlands Hospital transfer all
of its outpatient surgery volume to the Surgery Center.
Petitioner's appointees to the managing directors, however,
did not feel that this was an appropriate use of the
facility nor in the best interests of Redlands Hospital and
voted against this proposal. As a result, outpatient
surgeries continue to be performed at Redlands Hospital.
-- SCA Centers proposed that the Surgery Center offer new
surgical procedures that would require the patient to stay
overnight to recover. Petitioner's representatives did not
think this was an appropriate service to offer at the
Surgery Center and voted against performing these procedures
at the Surgery Center. As a result, surgical procedures
that require 24-hour recovery time are performed at a
hospital.
-- SCA Centers proposed that physicians be permitted to
perform retinal attachments at the Surgery Center and
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