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CASCADE HEALTH SOLUTIONS v. PEACEHEALTH

Nos. 05-35627, 05-35640, 05-36153, 05-36202.

542 F.3d 668 (2008)

CASCADE HEALTH SOLUTIONS fka McKenzie-Williamette Hospital, an Oregon nonprofit corporation, Plaintiff-Appellant, v. PEACEHEALTH, a Washington State nonprofit corporation, Defendant-Appellee, and PacificSource Health Plans, Defendant, Regence Bluecross Blueshield of Oregon; Providence Health Plan; McKenzie-Williamette Regional Medical Center Associates, LLC, Defendant-Intervenors. McKenzie-Willamette Hospital, Plaintiff-Appellee, v. Peacehealth, a Washington State nonprofit corporation, Defendant-Appellant, and PacificSource Health Plans, Defendant, Regence Bluecross Blueshield of Oregon; Providence Health Plan; MacKenzie-Willamette Regional Medical Center Associates, LLC, Defendant-Intervenors. McKenzie-Willamette Hospital, Plaintiff-Appellee, v. Peacehealth, a Washington state nonprofit corporation, Defendant-Appellant. McKenzie-Willamette Hospital, an Oregon nonprofit corporation, Plaintiff-Appellant, v. Peacehealth, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 3, 2008.

Attorney(s) appearing for the Case

Michael T. Garone, Thomas M. Triplett, Esquire, Schwabe, Williamson & Wyatt, Portland, OR, Laurence E. Thorp, Esquire, Thorp, Purdy, Jewett, Urness & Wilkinson, P.C., Springfield, OR, for Plaintiff-Appellant.

David Marx, Jr., Esquire, McDermott Will & Emery LLP, Chicago, IL, Melvin Laurence Popofsky, Esquire, Senior Counsel, Heller Ehrman, LLP, San Francisco, CA, for Defendant-Appellee.

Before: GOULD, PAEZ, and RAWLINSON, Circuit Judges.

ORDER VACATING PRIOR ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF OREGON, AND FOR ISSUANCE OF MANDATE

On August 25, 2008, this Court was advised that the parties have resolved the dispute that gave rise to this appeal. In light of this resolution, the motion to vacate certification and for mandate is GRANTED. Our prior Order Certifying Question To The Supreme Court Of Oregon is hereby VACATED. The question certified to the Oregon Supreme Court shall be withdrawn...

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