STATE OF MINNESOTA

IN COURT OF APPEALS

C6-02-870

HealthPartners, Inc.,

Relator,

vs.

James C. Bernstein, in his capacity as Commissioner

of the Minnesota Department of Commerce,

Respondent,

Minnesota Comprehensive Health Association,

Respondent.

Filed January 14, 2003

Affirmed

Halbrooks, Judge

Minnesota Department of Commerce

Gregory R. Merz, Gray, Plant, Mooty, Mooty & Bennett, P.A., 3400 City Center, 33 South 6th Street, Minneapolis, MN 55402 (for relator)

Mike Hatch, Attorney General, Steven B. Liss, Assistant Attorney General, 1200 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101-2130 (for respondent commissioner)

Douglas L. Elsass, Fruth, Jamison & Elsass, P.A., 4705 IDS Center, 80 South 8th Street, Minneapolis, MN 55402 (for respondent MCHA)