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BETH ISRAEL MED. v. HORI. BLUE CROSS & BLUE SHIELD OF NEW JERSEY, INC.

Docket No. 04-5783-CV.

448 F.3d 573 (2006)

BETH ISRAEL MEDICAL CENTER, Lenox Hill Hospital, Montefiore Medical Center, NYU Hospitals Center, The New York and Presbyterian Hospital, The New York Eye and Ear Infirmary, New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery, St. Luke's-Roosevelt Hospital Center, Saint Vincent's Hospital of New York, and Staten Island University Hospital Plaintiffs-Appellants, v. HORIZON BLUE CROSS AND BLUE SHIELD OF NEW JERSEY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 19, 2006.

Attorney(s) appearing for the Case

Roy W. Breitenbach (Fredrick I. Miller, Andrew Zwerling, of counsel), Garfunkel, Wild & Travis, P.C., Great Neck, NY, for Plaintiffs-Appellants.

Kimberly C. Lawrence, Hinman Straub P.C., Albany, NY, for Defendant-Appellee.

Before: KEARSE, MINER, and HALL, Circuit Judges.

Judge KEARSE dissents in part in a separate opinion.

MINER, Circuit Judge.

Plaintiffs-appellants appeal from a summary judgment entered October 20, 2004, in the United States District Court for the Eastern District of New York (Amon, J.) dismissing their claims for breach of contract, breach of a third-party contract, unjust enrichment, and engaging in a pattern of deceptive practices in an action brought to...

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