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LIFECARE HOSPITALS v. HEALTH PLUS OF LOUISIANA

No. 04-30422.

418 F.3d 436 (2005)

LIFECARE HOSPITALS, INC., Plaintiff-Cross-Appellee, v. HEALTH PLUS OF LOUISIANA, INC., Defendant-Cross-Defendant, Cross-Claimant, Appellee, Cross-Appellant, v. Custom-Bilt Cabinet & Supply, Inc., Defendant-Cross Claimant-Cross Defendant Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 2005.

Attorney(s) appearing for the Case

Errol John King, Jr. (argued), Emily B. Grey, Layna Suzanne Cook, McGlinchey Stafford, Baton Rouge, LA, for Health Plus of Louisiana, Inc.

Charles G. Tutt (argued), Jennifer P. McKay, Tutt, Stroud & Bordelon, Calton Gary Mitchell, Shreveport, LA, for Custom-Bilt Cabinet & Supply, Inc.

James R. Madison (argued), Wiener, Weiss & Madison, Shreveport, LA, for Lifecare Hospitals, Inc.

Before KING, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This case involves a three way dispute between an insurance company, an employer, and a health care provider. Following the sudden and severe illness of employee James Sloan ("Sloan"), employer Custom-Bilt Cabinet & Supply, Inc. ("Custom-Bilt") moved to terminate Sloan's employment in August 2001. In December 2001, Sloan attempted to extend his health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act of...

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