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DO SUNG UHM v. HUMANA, INC.

No. 06-35672.

620 F.3d 1134 (2010)

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.

Opinion Filed August 25, 2008.

Rehearing Granted and Opinion Withdrawn July 22, 2009.

Filed August 30, 2010.

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, D.C., for the appellees.

William A. Helvestine and Carri L. Becker , Epstein Becker & Green, P.C., San Francisco, CA, for amicus curiae American Health Insurance Plans.

Andre Mura , Center for Constitutional Litigation, P.C., Washington, D.C., for amicus curiae American Association of Justice.

Sarang Vijay Damle , United States Department of Justice, Washington, D.C., for amicus curiae United States of America.

Rochelle Bobroff , National Senior Citizens Law Center, Washington, D.C., for amici curiae California Health Advocates, Medicare Rights Center, National Senior Citizens Law Center, and The Center for Medicare Advocacy.

Opinion by Judge PAEZ; Concurrence by Judge B. FLETCHER.

OPINION

PAEZ, Circuit Judge:

Plaintiffs-Appellants Do Sung Uhm and Eun Sook Uhm ("the Uhms") appeal the district court's order dismissing their complaint against Defendants-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 ("MMA" or "the

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