Neal FOLEY and Associated Cardiovascular & Thoracic Surgeons, L.L.P., On Behalf of Themselves and All Others Similarly Situated, Plaintiffs,
v.
SOUTHWEST TEXAS HMO, INC., Humana HMO, Pacificare, Texas Health Network, Texas University Health Plan, Inc., Cigna Healthcare of Texas, Inc., Cigna Dental Health of Texas, Inc., and Cigna Behavioral Health, Inc. Defendants.
United States District Court, E.D. Texas, Beaumont Division.https://leagle.com/images/logo.png
July 19, 2002.
July 19, 2002.
Attorney(s) appearing for the Case
James A. Morris, Jr., Michael A. Havard, Mark C. Sparks, Provost & Umphrey, Beaumont, TX, for Plaintiffs.
J. Hoke Peacock III, Susman Godfrey, Houston, TX, John Barret Scott, Scott Yung, Dallas, TX, for Defendant Southwest Texas HMO.
Lawrence Joyhnson West, Andrew Scott Hanen, Hanen Alexander Johnson & Spalding, Houston, TX, J. Thad Heartafield Jr., Heartfield & McGinnis, Beaumont, TX, for Pacificare.
John Bruce Shely, Andrews Kurth Mayor Day Caldwell & Keeton, Houston, TX, for Aetna U.S. Healthcare.
Kevin Francis Lee, Jeff D. Otto, Austin, TX, for Texas University Health Plan.
Elizabeth D. Alvarado, Candice Eileen Sayre, Shannon Martin Finkelstein & Sayre, Houston, TX, Brian P. Brooks, O'Melveny & Myers, Washington DC, for Cigna.
United States District Court, E.D. Texas, Beaumont Division.
MEMORANDUM OPINION
COBB, District Judge.
Before the court is Defendants' Joint Motion for Judgment on the Pleadings [Dkt. # 25], and the court having reviewed the motion and the responses on file and having heard oral arguments on this motion is of the opinion that the motion be GRANTED in PART and DENIED in PART for the reasons set forth below.
The plaintiffs originally filed their petition in state...
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