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SMILECARE DENTAL GROUP v. DELTA DENTAL PLAN

No. 94-56191.

88 F.3d 780 (1996)

SMILECARE DENTAL GROUP, Plaintiff-Appellant, v. DELTA DENTAL PLAN OF CALIFORNIA, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1996.

Attorney(s) appearing for the Case

Maxwell M. Blecher, Blecher & Collins, Los Angeles, California, for plaintiff-appellant.

Matthew L. Larrabee, Heller, Ehrman, White & McAuliffe, San Francisco, California, for defendant-appellee.

Before PREGERSON and T.G. NELSON, Circuit Judges, and LYNCH, District Judge.

T.G. NELSON, Circuit Judge:

SmileCare Dental Group ("SmileCare") and Delta Dental Plan of California, Inc. ("Delta Dental") are dental insurers offering health care plans to employers, labor unions, and individuals. Delta Dental offers a co-payment plan under which it pays participating dentists a portion of their fee and requires them in return to collect the remainder, or co-payment, from their patients at the time of service. SmileCare offers a supplemental plan...

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