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MIDWEST v. HARMONY HEALTH

No. 1-07-0039.

888 N.E.2d 694 (2008)

MIDWEST EMERGENCY ASSOCIATES-ELGIN LTD., and Sullivan Urgent Aid Centers, Ltd., d/b/a Sullivan Urgent Care Centers, Ltd., Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. HARMONY HEALTH PLAN OF ILLINOIS, INC., Amerigroup Illinois, Inc., and United Healthcare of Illinois, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

May 15, 2008.

Attorney(s) appearing for the Case

Duane Morris LLP, of Chicago, IL (Richard P. Darke, of counsel); Duane Morris LLP, of Bangor, ME (Gregory A. Brodek, of counsel); Duane Morris LLP, of Philadelphia, PA (Steven L. Friedman and Seth A. Goldberg, of counsel), for Appellant.

Drinker Biddle Gardner Carton, of Chicago, IL (Edwin E. Brooks, David S. Almeida and Annapurna Singh, of counsel), for Appellees/Cross-Appellants, Harmony Health Plan of Illinois, Inc. and Amerigroup Illinois, Inc.

Neal, Gerber & Eisenberg LLP, of Chicago, IL (James K. Gardner, Stephen Fedo and Juan W. Guarisco, of counsel), for Appellee, United Health Care of Illinois, Inc.

Justice CAMPBELL delivered the opinion of the court:

This is an appeal by plaintiffs, Midwest Emergency Associates-Elgin, Ltd., and Sullivan Urgent Aid Centers, Ltd., from an order of the circuit court of Cook County dismissing an action against defendants, Harmony Health Plan of Illinois, Inc., Amerigroup Illinois, Inc., and United Healthcare of Illinois, Inc, under section 2-619 of the Code of Civil Procedure. 735 ILCS 5/2-619 (West 2006).1

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