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GENORD v. BLUE CROSS & BLUE SHIELD OF MICHIGAN

No. 04-2486.

440 F.3d 802 (2006)

Michael A. GENORD, M.D., John R. Sanborn, M.D., Paula M. Fishbaugh, M.D., Andrea L. Schiller, M.D., Mark D. Dykowski, M.D., John E. Eckele, M.D., and Betty S. Chu, M.D., Plaintiffs-Appellees, v. BLUE CROSS & BLUE SHIELD OF MICHIGAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 14, 2006.

Attorney(s) appearing for the Case

ARGUED: Joseph A. Fink, Dickinson, Wright, PLLC, Detroit, Michigan, for Appellant. William H. Horton, Cox, Hodgman & Giarmarco, Troy, Michigan, for Appellees. ON BRIEF: Joseph A. Fink, Kathleen A. Lang, Phillip J. DeRosier, Dickinson, Wright, PLLC, Detroit, Michigan, for Appellant. William H. Horton, Cox, Hodgman & Giarmarco, Troy, Michigan, for Appellees. Joanne Geha Swanson, Michael A. Sneyd, Daniel J. Schulte, Kerr, Russell & Weber, Detroit, Michigan, for Amici Curiae.

Before: RYAN, CLAY, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

The named gynecologists sued Blue Cross & Blue Shield of Michigan, alleging that Blue Cross had fraudulently denied their claims in violation of both the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1964(c), and various state laws. Blue Cross moved for dismissal on the ground that the district court lacked subject matter jurisdiction because the civil RICO action was "reverse preempted" by...

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