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LAKELAND ANESTHESIA, INC. v. CIGNA HEALTHCARE OF LOUISIANA, INC.

No. 2001-CA-1059.

812 So.2d 695 (2002)

LAKELAND ANESTHESIA, INC. Individually, and on Behalf of Others Similarly Situated v. CIGNA HEALTHCARE OF LOUISIANA, INC.

Court of Appeal of Louisiana, Fourth Circuit.

February 6, 2002.

Attorney(s) appearing for the Case

Andrew A. Lemmon, Donna M. Bossier, Lemmon Law Firm, New Orleans, LA, and Paul A. Lea, Jr., Covington, LA, and Joe R. Whatley, Jr., Whatley Drake, L.L.C., Birmingham, AL, Counsel for Plaintiff/Appellee.

Brian D. Boyle, O'Melveny & Myers, L.L.P., Washington, DC, and Charles R. Penot, Jr., B. Franklin Martin, III, McGlinchey Stafford and Normand F. Pizza, Milling Benson & Woodward, L.L.P., New Orleans, LA, Counsel For Defendant/Appellant, CIGNA HealthCare of Louisiana, Inc.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge STEVEN R. PLOTKIN, Judge TERRI F. LOVE.

PLOTKIN, Judge.

Defendant, CIGNA HealthCare of Louisiana, Inc., appeals a trial court judgment partially denying its exception of prematurity and alternative motion for a stay pending arbitration based on its contention that all claims asserted by plaintiffs, Anesthesia East, Inc. and Lakeland Anesthesia, Inc., are subject to a contractual mandatory arbitration provision. CIGNA claims that the trial court improperly failed to dismiss all of the claims asserted by...

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