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  5. 740 F.Supp. 492 (1990)
 

PROVIDENT LIFE AND ACC. INS. CO. v. U.S.

Nos. CIV-1-89-190, CIV-1-89-316.

740 F.Supp. 492 (1990)

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, and its affiliate, Provident Life and Casualty Insurance Company, Plaintiffs, v. The UNITED STATES of America and Louis W. Sullivan, M.D., Secretary of the United States Department of Health and Human Services, Defendants. UNITED STATES of America, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant.

United States District Court, E.D. Tennessee, S.D.

Motion to Alter or Amend Granted; Motion for Clarification Granted; Motion to Alter or Amend Denied August 29, 1990.

Attorney(s) appearing for the Case

Timothy H. Bolden, Provident Life and Acc. Ins. Co., Chattanooga, Tenn., Rita M. Theisen, Charles W. Havens, III, Michael F. McBride, Leboeuf, Lamb, Leiby & MacRae, Washington, D.C., for Provident Life and Acc. Ins. Co.

Michael F. Hertz, Stephen D. Altman, Stanley E. Alderson, U.S. Dept. of Justice, Washington, D.C., for U.S.

Motion of United States to Alter or Amend Granted; Motion of Provident Life and Accident Co. for Clarification Granted; Motion to Alter or Amend Denied August 29, 1990.

MEMORANDUM

EDGAR, District Judge.

This consolidated action is before the Court upon the following motions:

1. Government's motion to dismiss the declaratory judgment action of Provident Life and Accident Insurance Company ("Provident") (CIV-1-89-190, Court File No. 5);

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