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HARLICK v. BLUE SHIELD OF CALIFORNIA

No. 10-15595.

686 F.3d 699 (2012)

Jeanene HARLICK, Plaintiff-Appellant, v. BLUE SHIELD OF CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2012.

Attorney(s) appearing for the Case

Lisa S. Kantor , Elizabeth K. Green , Kantor & Kantor, Northridge, CA, for the plaintiff-appellant.

Adam Pines , Joanna Sobol McCallum , Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for the defendant-appellee.

Ethan P. Schulman , Crowell & Moring LLP, San Francisco, CA, for amicus curiae California Association of Health Plans.

John M. LeBlanc , Barger & Wolen LLP, Los Angeles, CA, for amicus curiae California Chamber of Commerce.

Henry W. Crowle , California Public Employees' Retirement System Legal Office, Sacramento, CA, for amicus curiae California Public Employees' Retirement System.

Adam Michael Cole , California Department of Insurance, San Francisco, CA, for amicus curiae Insurance Commissioner for the State of California Dave Jones.

Opinion by Judge WILLIAM A. FLETCHER; Partial Concurrence and Partial Dissent by Judge N.R. SMITH.

ORDER

This court's opinion filed on August 26, 2011, and published at Harlick v. Blue Shield of California, 656 F.3d 832 (9th Cir.2011), is withdrawn and replaced by the attached Opinion and Dissent.

With the filing of this new opinion and dissent, Judge Fletcher and Judge Mills voted to deny the petition for panel rehearing. Judge Fletcher voted to deny the petition for rehearing en banc, and Judge Mills so recommended...

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