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BAPTIST PHYS HOSP v. HUMANA MIL HEALTHCARE

No. 03-5084.

368 F.3d 894 (2004)

BAPTIST PHYSICIAN HOSPITAL ORGANIZATION, INC.; Baptist Hospital of East Tennessee, Plaintiffs-Appellants, v. HUMANA MILITARY HEALTHCARE SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 25, 2004.

Attorney(s) appearing for the Case

Reuben N. Pelot IV (argued and briefed), Cheryl G. Rice (briefed), Egerton, McAfee, Armistead & Davis, Knoxville, TN, for Appellants.

J. Bruce Miller (argued and briefed), Michael J. Kitchen (briefed), J. Bruce Miller Law Group, Louisville, KY, for Appellee.

Before: MERRITT and DAUGHTREY, Circuit Judges; HOOD, District Judge.

MERRITT, Circuit Judge.

In this diversity contract action governed by the substantive law of Tennessee, Baptist alleges that Humana, a private government contractor administering the managed healthcare program in Regions 3 and 4 for the Department of Defense, underpaid Baptist for eighty-five separate claims for a total underpayment of over $1.3 million. The Humana Baptist contract defines a reimbursement scheme that is the center of the controversy. Humana has raised...

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