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VENCOR INC. v. NATIONAL STATES INS. CO.

No. 99-17148.

303 F.3d 1024 (2002)

VENCOR INC., Plaintiff-Appellant, v. NATIONAL STATES INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2002.

Attorney(s) appearing for the Case

Bradley L. Kelly, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, DC, for the plaintiff-appellant.

David P. Brooks, Mesa, AR, for the defendant-appellee.

Before SNEED, WARDLAW, and BERZON, Circuit Judges.

Opinion by Judge BERZON; Concurrence by Judge SNEED.

OPINION

BERZON, Circuit Judge.

This case at first glance concerns a private insurance dispute but, as we shall see, implicates important questions of national health policy for senior citizens. Vencor, Inc. ("Vencor"), an operator of several hospital and nursing home facilities, is the subrogee/assignee of a Medicare supplemental insurance contract between National States Insurance Company ("NSIC...

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