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DAVITA INC. v. VIRGINIA MASON MEMORIAL HOSP.

No. 19-35692.

981 F.3d 679 (2020)

DAVITA INC., Plaintiff-Appellant, v. VIRGINIA MASON MEMORIAL HOSPITAL, FKA Yakima Valley Memorial Hospital; Yakima Valley Memorial Hospital Employee Health Care Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2020.

Attorney(s) appearing for the Case

John Patrick Elwood (argued), Andrew T. Tutt , and Samuel F. Callahan , Arnold & Porter Kaye Scholer LLP, Washington, D.C., for Plaintiff-Appellant.

Kathleen Drummy (argued), Richard J. Birmingham , and Christine Hawkins , Davis Wright Tremaine LLP, Seattle, Washington, for Defendant-Appellees.

Deanna J. Reichel , Fish & Richardson P.C., Minneapolis, Minnesota, for Amicus Curiae Dialysis Patient Citizens.

Mary L. Stoll , Stoll Law Group, PLLC, Seattle, Washington, for Amici Curiae Self-Insurance Institute of America, Inc. and Pacific Health Coalition.

Opinion by Judge Graber.

OPINION

Defendant Virginia Mason Memorial Hospital administers its own group health plan, Defendant Yakima Valley Memorial Hospital's Employee Health Care Plan ("Virginia Mason's Plan" or "the Plan"). Among its many provisions, the Plan authorizes payments to providers...

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