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UHM v. HUMANA INC.

No. 06-35672.

540 F.3d 980 (2008)

Do Sung UHM; Eun Sook Uhm, a married couple, individually and for all others similarly situated, Plaintiffs-Appellants, v. HUMANA INC., a Delaware corporation; Humana Health Plan Inc., a Kentucky corporation doing business as Humana, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2008.

Attorney(s) appearing for the Case

Scott C. Breneman and Joseph A. Grube, Ricci Grube Aita & Breneman, PLLC, Seattle, WA, for the appellants.

Brian D. Boyle, Mark Davies, Samuel Brown, and Meaghan McLaine, O'Melveny & Myers, LLP, Washington, DC, for the appellees.

William A. Helvestine and Carri L. Becker, Epstein Becker & Green, P.C., San Francisco, CA, for the amicus.

Before: B. FLETCHER and RICHARD A. PAEZ, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

PAEZ, Circuit Judge:

Plaintiff-Appellants Do Sung Uhm and Eun Sook Uhm ("the Uhms") appeal the district court's order dismissing their complaint against Defendant-Appellees Humana Health Plan, Inc. and Humana, Inc. (collectively "Humana") on the ground that their claims are preempted by the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act of 2003 ("Act"). The Uhms also appeal the district court's order denying their...

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