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SMILECARE DENTAL v. DELTA DENTAL PLAN OF CAL.

No. CV 93-5437 RG(SHx).

858 F.Supp. 1035 (1994)

SMILECARE DENTAL GROUP, Plaintiff, v. DELTA DENTAL PLAN OF CALIFORNIA, Defendant.

United States District Court, C.D. California.

July 25, 1994.

Attorney(s) appearing for the Case

Maxwell M. Blecher, Alicia G. Rosenberg, Benjamin D. Nieberg, of Blecher & Collins, P.C., Los Angeles, CA, for plaintiff.

M. Laurence Popofsky, Robert A. Rosenfeld, Matthew L. Larrabee, Esta L. Brand, Laurence A. Weiss of Heller, Ehrman, White & McAuliffe, San Francisco, CA, for defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

GADBOIS, District Judge.

I. Background

Plaintiff SmileCare Dental Group ("SmileCare"), and defendant Delta Dental Plan of California ("Delta Dental") offer dental health care plans to employers, labor unions, and individuals. According to SmileCare's complaint, Delta Dental sells plans to 60% of all persons with dental coverage, and has enrolled approximately 95% of California dentists as Delta...

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