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RENDERED: October 3, 2003; 10:00 a.m.

ORDERED PUBLISHED: November 21, 2003; 2:00 p.m.

Commonwealth Of Kentucky
Court of Appeals

NO. 2002-CA-001742-MR

PHOENIX HEALTHCARE OF
KENTUCKY, L.L.C. APPELLANT

APPEAL FROM FLOYD CIRCUIT COURT

v. HONORABLE JOHN DAVID CAUDILL, JUDGE
ACTION NO. 02-CI-00571

KENTUCKY FARM BUREAU MUTUAL
INSURANCE COMPANY APPELLEE

OPINION
AFFIRMING

** ** ** ** **
BEFORE: BARBER, DYCHE, AND McANULTY, JUDGES.
DYCHE, JUDGE. Appellant, Phoenix Healthcare of Kentucky,
L.L.C., is a billing agent and assignee in regard to billing and
receiving payments for magnetic resonance images (MRIs)
performed by Dr. Talmadge V. Hays.1 Appellee, Kentucky Farm
Bureau Mutual Insurance Company, was the insurer and a basic

1 We note that throughout the record the doctor

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Kentucky Law