CONNECTICUT v. PHYSICIANS HEALTH SERVICES OF CT

Docket No. 00-7986.

287 F.3d 110 (2002)

State of CONNECTICUT, Plaintiff-Appellant, v. PHYSICIANS HEALTH SERVICES OF CONNECTICUT, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2002.


Attorney(s) appearing for the Case

Richard Blumenthal, Connecticut Attorney General; (Charles C. Hulin, Assistant Connecticut Attorney General, of counsel), Hartford, CT, for Plaintiff-Appellant.

Daly D.E. Temchine, Epstein, Becker, & Green, Washington, DC.; (Stephanie W. Kanwit, Epstein, Becker & Green, Washington, DC. and Davis S. Poppick, Epstein, Becker & Green, Stamford, CT, of counsel), for Defendant-Appellee.

William F. Hanrahan, Jon W. Breyfogle, Jennifer E. Eller, Groom Law Group, Washington, DC; Louis Saccoccio, American Association of Health Plans, Washington, DC, for Amicus Curiae American Association of Health Plans.

Before: KEARSE and SACK, Circuit Judges, and RAKOFF, District Judge.


SACK, Circuit Judge.

On December 14, 1999, the State of Connecticut brought this suit for equitable relief in the United States District Court for the District of Connecticut against Physicians Health Services of Connecticut, Inc. ("PHS"), an insurance company offering managed care plans to Connecticut residents. The State seeks an order pursuant to Section 502(a)(3) of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(3),

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