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ATLANTIC HEALTHCARE BENEFITS TRUST v. GOOGINS

No. 1542, Docket 92-7955.

2 F.3d 1 (1993)

ATLANTIC HEALTHCARE BENEFITS TRUST, Jeffry C. Neal, Trustee of Atlantic Healthcare Benefits Trust, United Healthcare Association of America, Inc. and National Insurance Consultants, Inc., Plaintiffs-Appellants, v. Robert R. GOOGINS, Commissioner, Department of Insurance of the State of Connecticut and the Department of Insurance of the State of Connecticut, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 2, 1993.

Attorney(s) appearing for the Case

Michael D. Singer, Manhattan Beach, CA for plaintiffs-appellants.

John G. Haines, Hartford, CT (Richard Blumenthal, Atty. Gen., State of Conn., of counsel), for defendants-appellees.

Judith E. Kramer, Washington, DC (Mark I. Machiz, Karen L. Handorf, Gail Perry, U.S. Dept. of Labor), for amicus curiae, Secretary of Labor.

Before: WINTER and JACOBS, Circuit Judges, and MUKASEY, District Judge.

JACOBS, Circuit Judge:

Plaintiffs are a group of individuals and entities that arrange with employers to provide employee health care benefits. When the State of Connecticut began taking steps to subject the benefits arrangement to regulation as an insurance company, the plaintiffs sued the Connecticut Commissioner of Insurance (the "Commissioner") and the Connecticut Department of Insurance. Plaintiffs seek (a) a declaration that the health care benefits they supply...

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