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KAISER v. BLUE CROSS OF CALIFORNIA

No. 02-35020.

347 F.3d 1107 (2003)

Gary L. KAISER and Verlene D. Kaiser, as debtors in possession, Community Home Health, Inc., Gary L. Kaiser, Shawna Exline and Sharie Monteferrante, Plaintiffs-Appellants, v. BLUE CROSS OF CALIFORNIA, United States of America, Department of Health and Welfare, Health Care Financing Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2003.

Attorney(s) appearing for the Case

Donald W. Lojek, Lojek Law Offices, Chtd., Boise, Idaho, for the plaintiffs-appellants.

Thomas E. Moss and Alan G. Burrow, Department of Health and Human Services and Blue Cross of California, Boise, Idaho, for the defendants-appellees.

Before: Richard D. Cudahy, Diarmuid F. O'Scannlain and Ronald M. Gould, Circuit Judges.

Submitted May 8, 2003* Seattle, Washington.

OPINION

CUDAHY, Circuit Judge.

The Kaisers owned and operated an Idaho home health agency called Community Home Health, which was a Medicare provider operating under fiscal intermediary Blue Cross of California. In 1998, after Blue Cross ceased making payments to Community Home Health on account of Blue Cross's previous overpayments, Community Home Health entered Chapter 7 bankruptcy...

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