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FORSYTH v. HUMANA, INC.

No. 94-16548.

99 F.3d 1504 (1996)

Mary FORSYTH; Marrietta Cade; Willie Andrews; Mary Lou Buehler; Helen Staves; Randolph Bratten; and Searle Auto Glass, Inc., d/b/a Best Glass Company, Plaintiffs-Appellants, v. HUMANA, INC., a Delaware corporation; Humana Health Insurance of Nevada, Inc., a Nevada corporation; and Does I through X, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 5, 1996.

Attorney(s) appearing for the Case

W.B. Markovits, Markovits & Greiwe, Cincinnati, OH, Will Kemp and J. Randall Jones, Harrison, Kemp & Jones, Las Vegas, NV, for plaintiffs-appellants.

David N. Frederick, Las Vegas, NV, and Robert N. Eccles, O'Melveny & Myers, Washington, DC, for defendants-appellees.

G. Robert Blakey, Notre Dame Law School, Notre Dame, IN, argued for appellant.

Before: WALLACE and THOMPSON, Circuit Judges, and THOMPSON, District Judge.

Opinion by Judge D. THOMPSON; Partial concurrence and Partial dissent by Judge WALLACE.

DAVID R. THOMPSON, Circuit Judge:

There are two groups of plaintiffs in this case: (1) the employer purchasers of group health insurance policies issued by Humana Health Insurance of Nevada (Premium Payors); and (2) the employee beneficiaries of those policies who made coinsurance payments for health care received (Co-Payors).

The Co-Payors received hospital care...

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