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BIO-MEDIAL APPLICATIONS v. HEALTH AND WELFARE FUND

No. 2:08-CV-228.

648 F.Supp.2d 988 (2009)

BIO-MEDIAL APPLICATIONS OF TENNESSEE, INC. d/b/a BMA of Kingsport individually and as Assignee of Patient, Plaintiff, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Defendant.

United States District Court, E.D. Tennessee, at Greeneville.

August 13, 2009.

Attorney(s) appearing for the Case

Douglas T. Gibson, The Gibson Firm LLC, Marietta, GA, for Plaintiff.

Edward H. Bogle, Central States Funds Law Department, Rosemont, IL, R. Jan Jennings, Branstetter, Stranch & Jennings, PLLC, Nashville, TN, for Defendant.

MEMORANDUM OPINION

LEON JORDAN, District Judge.

Now before the court are: "Defendant's Motion for Judgment on the Administrative Record" [doc. 42]; defendant's "Motion for Summary Judgment on the Counterclaim" [doc. 44]; and plaintiff's "Motion for Summary Judgment" [doc. 47]. The motions have been fully briefed and are ripe for the court's consideration. For the reasons that follow, plaintiff's motion will be granted and defendant's motions will...

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