LIZER v. EAGLE AIR MED CORP.

No. CV. 02-1596 PCT RCB.

308 F.Supp.2d 1006 (2004)

Derrick LIZER and Natasha Kirk Plaintiffs, v. EAGLE AIR MED CORPORATION, Defendant.

United States District Court, D. Arizona.

January 28, 2004.


Attorney(s) appearing for the Case

Daniel Mark Rosenfelt, Esq, Rosenfelt Buffington & Borg PA, Albuquerque, NM, for Plaintiffs.

Gary G Sackett, Jones Waldo Holbrook & McDonough PC, Salt Lake City, UT, for Defendant.


ORDER

BROOMFIELD, Senior District Judge.

On August 19, 2002, Plaintiffs brought this action seeking a declaration of their rights regarding a lien Eagle Air Med Corp. ("Eagle Air") placed on uninsured motorist insurance proceeds payable to Plaintiffs. Compl. (doc. # 1). Plaintiffs argue that federal Medicaid law preempts the state law under which Defendant filed its lien. Memo in Sup. of Pla.'s Mot. for Sum. Judg. ("MSPMSJ") (doc. # 16). This issue is before...

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