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LIVINGSTON v. SOUTH DAKOTA STATE MEDICAL HOLDING

No. Civ. 04-4139.

411 F.Supp.2d 1161 (2006)

2006 DSD 1

Danielle LIVINGSTON and Sioux Valley Hospital, Plaintiffs, v. SOUTH DAKOTA STATE MEDICAL HOLDING COMPANY, INC., d/b/a Dakotacare, Defendant.

United States District Court, D. South Dakota, Southern Division.

January 20, 2006.

Attorney(s) appearing for the Case

Mitchell A. Peterson, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Plaintiff.

Drew C. Duncan, Frieberg, Zimmer, Duncan & Nelson, Jeffrey Alan Cole, Zimmer Duncan and Cole, Parker, SD, for Defendant.

OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs brought suit against Danielle Livingston's ("Livingston") employer, Wakonda Heritage Manor ("Manor"), and Manor's group health insurance carrier, South Dakota State Medical Holding Company, Inc. ("DakotaCare"), challenging DakotaCare's denial of group health insurance benefits to Livingston and her newborn baby, contending that the denial violates the Employee Retirement...

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