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HEALTH MAINTENANCE ORGANIZATION v. WHITMAN

No. 94-5698.

72 F.3d 1123 (1995)

The HEALTH MAINTENANCE ORGANIZATION OF NEW JERSEY, INC., d/b/a HMO/NJ, Appellant, v. Christine Todd WHITMAN, in her capacity as Governor of the State of New Jersey; Elizabeth Randall, in her capacity as Commissioner of the Department of Insurance of the State of New Jersey; Charles Wowkanech, in his capacity as Chairman of the Individual Health Coverage Program, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 26, 1995.

Attorney(s) appearing for the Case

Alan J. Davis (argued), Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Appellant.

Michael E. Goldman (argued), Office of Attorney General of New Jersey, Department of Law & Public Safety, Trenton, NJ, for Appellees.

Frank W. Hunger, Assistant Attorney General, Faith S. Hochberg, United States Attorney, Anthony J. Steinmeyer and Jeffrey Clair, United States Department of Justice, Appellate Civil Division, Washington, DC, for the United States as Amicus Curiae.

B. John Pendleton, Jr., McCarter & English, Newark, NJ, for Blue Cross and Blue Shield New Jersey as Amicus Curiae.

Before: GREENBERG, LEWIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

This appeal requires us to address the delicate balance between federal and state authority established under the Supremacy Clause of the United States Constitution. The Health Maintenance Organization of New Jersey ("HMO/NJ") appeals from the district court's grant of summary judgment to defendants Christine Todd Whitman, the Governor of New Jersey, Elizabeth Randall, the Commissioner of the New Jersey Department...

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