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THOMPSON v. GOETZMANN

No. 02-10198.

337 F.3d 489 (2003)

Tommy THOMPSON, Secretary, Department of Health & Human Services, Plaintiff-Appellant, v. Stephen GOETZMANN; et al., Defendants, Stephen Goetzmann; Bernice Loftin; Zimmer, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 7, 2003.

Attorney(s) appearing for the Case

Alisa Beth Klein (argued), Mark Bernard Stern, U.S. Dept. of Justice, Civil Div. — Appellate Staff, Washington, DC, Peter Angus Winn, Seattle, WA, for Plaintiff-Appellant.

Stephen R. Goetzmann (argued), Dallas, TX, pro se, and for Loftin.

Michael S. Elvin (argued), Dahm & Elvin, Fort Wayne, IN, Daniel R. Roy, Matthew Ryan Gutwein, Baker & Daniels, Indianapolis, IN, for Zimmer, Inc.

Brian P. Quirk, Irwin, Fritchie, Urquhart & Moore, New Orleans, LA, Jerry P. Sattin, Alissa Pyrich, McCarter & English, Newark, NJ, for Advanced Medical Technology Ass'n, Amicus Curiae.

Nancy Jane Marshall, Anne B. Rappold, Deutsch, Kerrigan & Stiles, New Orleans, LA, Hugh F. Young, Jr., Product Liability Advisory Council, Reston, VA, for Product Liability Advisory Council, Inc., Amicus Curiae.

Before JOLLY, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:

On petition for rehearing, we amend our opinion by deleting Part B.4, titled "Zimmer Cannot Pay for Medical Services `Promptly,' and Thereby Fails the MSP Statute's Requirement for a `Self-Insurance Plan,'" in its entirety, and deleting, in Part B.2, the italicized portion of the following sentence: "Although we agree with the district court's determination that Zimmer is not liable under the MSP statute because...

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