Nos. 2297, 2861, Dockets 94-7435, 94-7441.

64 F.3d 794 (1995)

NYS HEALTH MAINTENANCE ORGANIZATION CONFERENCE; Capital Areas Community Health Plan, Inc. Cap; Capital District Physicians Health Plan; Choicecare Long Island, Inc. Health Care Plan, Inc.; Health Services Medical Corporation of Central New York, Inc.; Independent Health Association, Inc.; Mid-Hudson Health Plan; Mohawk Valley Physicians Health Plan, Inc.; Oxford Health Plan; Patients' Choice Inc.; Physicians Health Services; Preferred Care, Inc.; Wellcare of New York, Inc.; Leaktex, Inc., doing business as Greentex Company; Miller Printing & Litho, Inc.; U.S. Healthcare, Inc., Plaintiffs-Appellees, v. Salvatore R. CURIALE, in his official capacity as Superintendent of Insurance of the State of New York, Defendant-Appellant, New York State Conference of Blue Cross & Blue Shield Plans, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 30, 1995.

Attorney(s) appearing for the Case

Harold N. Iselin, Albany, NY (Couch, White, Brenner, Howard & Feigenbaum, Albany, NY, of counsel) for plaintiffs-appellees.

Alan J. Davis, Philadelphia, PA (Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, of counsel), for plaintiff-appellee U.S. Healthcare, Inc..

Eileen M. Considine, Albany, NY (Hinman, Straub, Pigors & Manning, Albany, NY, of counsel), for intervenor-appellant.

Jennifer S. Brand, New York City (Attorney General's Office, New York, of counsel), for defendant-appellant.

Judith D. Heimlich, Washington, DC (U.S. Department of Labor, Washington, DC, of counsel), for movant.

Before: WINTER and LEVAL, Circuit Judges, and BURNS, District Judge.

ELLEN B. BURNS, District Judge:

Defendant-Appellant Salvatore B. Curiale, in his official capacity as the Superintendent of Insurance for the State of New York ("the State"), and intervenor-defendant New York Conference of Blue Cross & Blue Shield Plans ("the Blues") appeal from a judgment of the Southern District of New York (Mukasey, J.) granting summary judgment in favor of plaintiff-appellees, NYS Health Maintenance Organization Conference ("HMOs"). NYS...

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