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VENCOR, INC. v. STANDARD LIFE AND ACC. INS. CO.

No. 01-5435.

317 F.3d 629 (2003)

VENCOR, INC., d/b/a Vencor Kentucky, Inc., d/b/a Vencor Hospital-Louisville and d/b/a Vencor Hospital-Chattanooga, Plaintiff-Appellant, v. STANDARD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 21, 2003.

Attorney(s) appearing for the Case

Bradley L. Kelly (argued and briefed), Laura J. Oberbroeckling (briefed), Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Washington, D.C., K. Gregory Haynes (briefed), Wyatt, Tarrant & Combs, Louisville, Kentucky, for Appellant.

Richard J. Kilmartin (argued and briefed), Samuel G. Ware (briefed), Knight, Boland & Riordan, San Francisco, California, for Appellee.

Before MOORE and GILMAN, Circuit Judges; ROSEN, District Judge.

ROSEN, District Judge, delivered the opinion of the court, in which GILMAN, Judge, joined. MOORE, Judge (pp. 643-646), delivered a separate dissenting opinion.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

Plaintiff/Appellant, Vencor, Inc., d/b/a Vencor Kentucky, Inc., d/b/a Vencor Hospital-Louisville and d/b/a Vencor Hospital-Chattanooga ("Vencor"), appeals two orders of the...

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