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BATSCHE v. PRICE

No. 16-4305.

875 F.3d 1176 (2017)

Paul BATSCHE; Scott Gale; Jeff Huberty; Doug Jones; Maggy Kottman; Gary Thaden; Tom Vail, as Trustees of the Twin City Pipe Trades Welfare Fund; Michael Tieva Plaintiffs-Appellants v. Thomas E. PRICE, in his official capacity as Secretary for the United States Department of Health and Human Services Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 27, 2017.

Attorney(s) appearing for the Case

William Allan Cumming , Laura Allyn Lindsay , HESSIAN & McKASY, Minneapolis, MN, Pamela Hodges Nissen , LEONARD & O'BRIEN, Minneapolis, MN, for Plaintiffs-Appellants.

Alisa Beth Klein , Karen Schoen , U.S. DEPARTMENT OF JUSTICE, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee.

Before SMITH, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Appellants are trustees of the Twin City Pipe Trades Welfare Fund, which operates a self-insured, self-administered group health plan. In December 2014, the Fund paid a $762,663.90 fee to the U.S. Department of Health and Human Services, under the transitional reinsurance program in the Patient Protection...

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