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ANDREWS v. SAMARITAN HEALTH SYSTEM

No. 1 CA-CV 00-0386.

36 P.3d 57 (2001)

201 Ariz. 379

Linda ANDREWS; Shirley S. Barrells; Linda A. Krystek; Kristina J. Markland; Nancy McCartney-Mergele (nka Nancy McCartney-Bratcher); William O. Parks, III; Christopher Porter; Michael Robert Smith; and Charles Joseph Weirick, on behalf of themselves and other natural persons similarly situated, Plaintiffs-Appellants, v. SAMARITAN HEALTH SYSTEM, an Arizona corporation; Banner Health Systems, a North Dakota corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

December 11, 2001.

Attorney(s) appearing for the Case

Hagen, Bohm, Boyle & Jones, P.C. by Tom J. Hagen, Phoenix, Attorneys for Plaintiffs-Appellants.

Gammage & Burnham, P.L.C. by Richard B. Burnham, and Cameron C. Artigue, Phoenix, Attorneys for Defendant-Appellee.

THOMPSON, Judge.

¶ 1 Plaintiffs in this class action appeal from the entry of summary judgment in favor of Samaritan Health System and Banner Health Systems (the hospitals). The trial court found that the hospitals may validly enforce medical liens pursuant to Arizona Revised Statutes (A.R.S.) § 33-931 (2000) against plaintiffs for the balance of the hospitals' customary charges not paid by plaintiffs' health insurers (insurers) pursuant to the provider...

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