EMPIRE HEALTHCHOICE ASSURANCE, INC., doing business as Empire Blue Cross and Blue Shield, Plaintiff-Appellant,
v.
Denise Finn McVEIGH, as administratrix of the Estate of Joseph E. McVeigh, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Petition for rehearing filed: January 28, 2005.
Decided: March 16, 2005.
Attorney(s) appearing for the Case
Howard S. Wolfson, Morrison Cohen LLP, New York, New York; Anthony F. Shelley, Miller & Chevalier Chartered, Washington, D.C., for Plaintiff-Appellant.
Thomas J. Stock, Stock & Carr, Mineola, New York, for Defendant-Appellee.
Denis F. Gordon, David M. Ermer, Gordon & Ermer, Washington, D.C., for Amicus Curiae Association of Federal Health Organizations.
Peter D. Keisler, Assistant Attorney General; David N. Kelley, United States Attorney; David Kennedy, Assistant United States Attorney; Mark B. Stern, Alisa B. Klein, Attorneys, Civil Division, Department of Justice; Mark A. Robbins, General Counsel, James S. Green, Associate General Counsel, United States Office of Personnel Management, for Amicus Curiae the United States.
Before: SACK, SOTOMAYOR and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
SOTOMAYOR, Circuit Judge.
Appellant Empire HealthChoice Assurance, Inc. ("Empire") petitions the panel for rehearing to reconsider its decision in Empire HealthChoice Assurance, Inc. v. McVeigh,396 F.3d 136 (2d Cir.2005). The Association of Federal Health Organizations ("AFHO") and the United States have each submitted briefs as amicus curiae in support of Empire's petition. We assume familiarity with our original decision...
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