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RENCARE, LTD. v. HUMANA HEALTH PLAN OF TEXAS, INC.

No. 04-50087.

395 F.3d 555 (2004)

RENCARE, LTD., Plaintiff-Appellant, v. HUMANA HEALTH PLAN OF TEXAS, INC., doing business as Humana Health Plan of San Antonio; Humana HMO of Texas, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 15, 2005.

Attorney(s) appearing for the Case

Randolph P. Tower, Jeffrey Jason Jowers, Clemens & Spencer, Edgar Carroll Morrison (argued), Jackson Walker, San Antonio, TX, for Plaintiff-Appellant.

Richard Glenn Foster (argued), Porter, Rogers, Dahlman & Gordon, San Antonio, TX, Jennifer R. Henderson, Porter, Rogers, Dahlman & Gordon, Corpus Christi, TX, for Defendants-Appellees.

Before BENAVIDES, DENNIS and CLEMENT, Circuit Judges.

Rehearing En Banc Denied March 15, 2005.

BENAVIDES, Circuit Judge:

RenCare appeals the district court's dismissal of RenCare's claims for failure to exhaust administrative remedies and the district court's partial denial of RenCare's motion to remand its claims to state court. Because RenCare's claims against Humana are not inextricably intertwined with a claim for Medicare benefits and because there are, in fact, no administrative appeal procedures for RenCare...

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