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BIO-MEDICAL APPLICATIONS OF KENTUCKY, INC. v. COAL EXCLUSIVE CO.

Civil Action No. 08-80-ART.

782 F.Supp.2d 438 (2011)

BIO-MEDICAL APPLICATIONS OF KENTUCKY, INC., Plaintiff, v. COAL EXCLUSIVE CO., LLC., Defendant/Third-Party Plaintiff, v. Tim Davis & Associates, Inc., Third-Party Defendant.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

March 2, 2011.

Attorney(s) appearing for the Case

Douglas T. Gibson , The Gibson Firm, LLC, Woodstock, GA, James F. Bennett , Megan S. Heinsz , Dowd Bennett, LLP, Clayton, MO, for Plaintiff.

Barbara J. Moss , Norris & Norris, PLC, Donna L. Roberts , Stites & Harbison, PLLC, Nashville, TN, Marjorie Ann Farris , Stites & Harbison, PLLC, Louisville, KY, for Defendant/Third-Party Plaintiff.

Angela Logan Edwards , Lisa D. Hughes , Patrick W. Michael , Dinsmore & Shohl, Louisville, KY, for Third-Party Defendant.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

For the final years of her life, Glenna Booth depended on life-sustaining dialysis treatments. She received these treatments from the plaintiff healthcare provider Bio-Medical Applications of Kentucky ("BMA"). BMA in turn billed Ms. Booth's employee welfare benefit plan, Coal Exclusive Benefits ("CEB"), for the costs of those services. But...

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