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ARDARY v. AETNA HEALTH PLANS OF CALIFORNIA, INC.

No. 94-56552.

98 F.3d 496 (1996)

William ARDARY; Diane M. Houston; Kevin Ardary; William C. Ardary, MD, Plaintiffs-Appellants, v. AETNA HEALTH PLANS OF CALIFORNIA, INC., formerly dba: Aetna Health Plans of Southern California, Inc.; Aetna Life & Casualty Company; Aetna Life Insurance Company; AHP Holdings, Inc.; Aetna Health Management, Inc.; Partners Acquisition Company; Arrowest Physician Association; Judith Hendrix, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1996.

As Amended on Denial of Rehearing and Rehearing December 26, 1996.

Attorney(s) appearing for the Case

Sharon J. Arkin, Shernoff, Bidart & Darras, Claremont, California, for the plaintiffs-appellants.

William A. Helvestine, Cynthia Becker, Epstein Becker & Green, San Francisco, California, and Barry S. Landberg, Terri D. Keville, Manatt, Phelps & Phillips, Los Angeles, California, for the defendants-appellees.

Before O'SCANNLAIN and TROTT, Circuit Judges, and VAN SICKLE, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc December 26, 1996.*

O'SCANNLAIN, Circuit Judge:

We must decide whether state law claims for wrongful death against a private Medicare provider are preempted by the Medicare Act.

I

William Ardary, Kevin Ardary, William C. Ardary, and Diane M. Houston ("the Ardarys") are the surviving husband and children of the late Cynthia Ardary. In July 1991, William and...

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