Bio-Medical Applications of Te v. Central States Southeast and S

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OPINION and JUDGMENT filed: AFFIRMED in part, REVERSED in part, case is REMANDED, decision for publication pursuant to local rule 206. Gilbert S. Merritt (AUTHORING), Deborah L. Cook, Helene N. White (CONCURRING), Circuit Judges. [09-6121, 09-6169]

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Case: 09-6121 Document: 006111062256 Filed: 09/02/2011 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Sep 02, 2011 Nos. 09-6121/6169 LEONARD GREEN, Clerk BIO-MEDICAL APPLICATIONS OF TENNESSEE, INC., Individually and as assignee of Patient, dba BMA of Kingsport, Plaintiff - Appellee/Cross-Appellant, v. CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Defendant - Appellant/Cross-Appellee. Before: MERRITT, COOK, and WHITE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Tennessee at Greeneville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court is AFFIRMED IN PART, REVERSED IN PART, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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