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THE DEPOT, INC. v. CARING FOR MONTANANS, INC.

No. 17-35597.

915 F.3d 643 (2019)

THE DEPOT, INC.; Union Club Bar, Inc.; Trail Head, Inc., Plaintiffs-Appellants, v. CARING FOR MONTANANS, INC., fka Blue Cross Blue Shield of Montana, Inc.; Health Care Services Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2019.

Attorney(s) appearing for the Case

Kenneth J. Halpern (argued), Rachana A. Pathak , Dana Berkowitz , and Peter K. Stris , Stris & Maher LLP, Los Angeles, California; John Morrison , Morrison Sherwood Wilson & Deola PLLP, Helena, Montana; for Plaintiffs-Appellants.

Anthony F. Shelley (argued) and Theresa Gee , Miller & Chevalier Chartered, Washington, D.C.; Michael David McLean and Stefan T. Wall , Wall McLean & Gallagher, PLLC, Helena, Montana; for Defendant-Appellee Caring for Montanans, Inc.

Stanley T. Kaleczyc (argued), M. Christy S. McCann , and Kimberly A. Beatty , Browning Kaleczyc Berry & Hoven P.C., Helena, Montana, for Defendant-Appellee Health Care Services Corporation.

Before: William A. Fletcher and Jay S. Bybee, Circuit Judges, and Larry A. Burns, District Judge.

OPINION

Plaintiffs are three small employers in Montana who are members of the Montana Chamber of Commerce. Defendants are health insurance companies that marketed fully insured health insurance plans to the Chamber's members branded "Chamber Choices." From 2006 until 2014, plaintiffs provided their employees with...

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