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CITIZENS INS. COMPANY v. MIDMICHIGAN HEALTH CONNECTCARE

No. 05-1237.

449 F.3d 688 (2006)

CITIZENS INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. MIDMICHIGAN HEALTH CONNECTCARE NETWORK PLAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 1, 2006.

Attorney(s) appearing for the Case

ARGUED: Robert L. Goldenbogen, Garan Lucow Miller, Port Huron, Michigan, for Appellant. Craig H. Lubben, Miller, Johnson, Snell & Cummiskey, Kalamazoo, Michigan, for Appellee. ON BRIEF: Daniel S. Saylor, Garan Lucow Miller, Detroit, Michigan, for Appellant. Craig H. Lubben, Miller, Johnson, Snell & Cummiskey, Kalamazoo, Michigan, for Appellee.

Before: MOORE and McKEAGUE, Circuit Judges; POLSTER, District Judge.

McKEAGUE, J., delivered the opinion of the court, in which POLSTER, D.J., joined.

MOORE, J. (pp. 697-698), delivered a separate dissenting opinion.

McKEAGUE, Circuit Judge.

Plaintiff-appellant, Citizens Insurance Company of America ("Citizens") appeals the district court's denial of its motion for summary judgment, and the declaration that Citizens is first in priority for the payment of medical expenses incurred...

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