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KENTUCKY ASS'N OF HEALTH PLANS, INC. v. NICHOLS

No. 98-6308.

227 F.3d 352 (2000)

KENTUCKY ASSOCIATION OF HEALTH PLANS, INC.; Advantage Care, Inc.; Aetna Health Plans of Ohio, Inc.; Choicecare Health Plans, Inc.; FHP of Ohio, Inc.; HMPK, Inc.; HPLAN, Inc.; Humana Health Plan, Inc., Plaintiffs-Appellants, v. George NICHOLS, III, in his official capacity as Commissioner of the Kentucky Department of Insurance, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2000

Rehearing and Suggestion for Rehearing Denied November 20, 2000

Attorney(s) appearing for the Case

Barbara Reid Hartung (briefed), Greenebaum, Doll & McDonald, Louisville, KY, Robert N. Eccles (argued), Karen M. Wahle (briefed), O'Melveny & Myers, Washington, DC, for Plaintiffs-Appellants.

Shaun T. Orme (argued and briefed), Anna R. Gwinn (briefed), Kentucky Department of Insurance, Frankfort, KY, for Defendant-Appellee.

Before: KENNEDY and NORRIS, Circuit Judges; HOLSCHUH, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 20, 2000

HOLSCHUH, D. J., delivered the opinion of the court, in which ALAN E. NORRIS, J., joined. KENNEDY, J. (pp. 372-84), delivered a separate dissenting opinion with respect to Part III of the majority opinion.

OPINION

HOLSCHUH, District Judge.

Plaintiffs are seven health maintenance organizations (HMOs) licensed under the laws...

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