Tenet Healthcare, the company that owns Memorial, told CNN that most of the 45 patients who died were critically ill.

CNN: RELATED

He sent along the brochure at right, featuring his company, signed by former CIA director, George Tenet.

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Tenet also passed on a report from a company called Capital Group LLC that argues that the two chains are too different to work together in a merger.

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The company has nonmedical problems, as well: In July a federal grand jury issued an indictment accusing a Tenet hospital of illegal kickbacks made to doctors through relocation agreements.

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