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BOTSFORD v. BLUE CROSS AND BLUE SHIELD OF MONTANA, INC.

No. 01-36019.

319 F.3d 1078 (2003)

Bruce F. BOTSFORD, Plaintiff-Appellee, v. BLUE CROSS AND BLUE SHIELD OF MONTANA, INC.; Blue Cross and Blue Shield Association, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2002.

Amended February 10, 2003.

Attorney(s) appearing for the Case

Anthony F. Shelley, Miller & Chevalier, Chartered, Washington, D.C., for the appellants.

Michael J. Lilly, Berg, Lilly & Tollefsen, P.C., Bozeman, Montana, for the appellee.

Before TROTT, NELSON, and THOMAS, Circuit Judges.

ORDER

The Opinion filed December 23, 2002, slip op. 1, is amended as follows:

At slip op. page 10, second paragraph, line 8, after the sentence "Thus, Congress wished to create a cost-efficient, comprehensive form of medical insurance for federal employees." add the following footnote:

As a result, FEHBA clearly "relates to the business of insurance," triggering the express statutory exception to...

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