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CAPITAL DIST. PHYSICIAN'S HEALTH PLAN v. O'HIGGINS

No. 94-CV-61.

951 F.Supp. 352 (1997)

CAPITAL DISTRICT PHYSICIAN'S HEALTH PLAN, Plaintiff, v. Michael O'HIGGINS, d/b/a Michael O'Higgins & Co., and David Oberting, Defendants.

United States District Court, N.D. New York.

January 16, 1997.

Attorney(s) appearing for the Case

Iseman, Cunningham, Riester & Hyde, Albany, NY (Robert H. Iseman, Michael J. McNeil, of counsel), for Plaintiff.

Thorn & Gershon, Albany, NY (Arthur H. Thorn, Paul J. Catone, of counsel), for Defendants.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

In the wake of this court's prior decision granting plaintiff Capital District Physician's Health Plan ("CDPHP") partial summary judgment against defendant Michael O'Higgins, both parties have filed additional motions. The plaintiff, a health maintenance organization in the Albany area, moves to certify the partial judgment for immediate appeal pursuant to Federal Rule of Civil Procedure...

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