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Tea party asks judge to decide health care lawsuit

FRANKFORT, Ky. (AP) - Tea party activists have asked a judge to resolve a lawsuit over the legality of the Kentucky Health Benefit Exchange by granting a summary judgment.

Irvine attorney Michael Dean filed a motion Thursday asking that Franklin County Circuit Judge Phillip J. Shepherd rule in favor of the activists. They also want a permanent injunction that would essentially shut down the exchange, a product of the federal health care overhaul intended to help uninsured people arrange health insurance coverage.

Attorneys for the state asked last month that the tea party lawsuit be dismissed. But Shepherd refused.

Kentucky Health Benefit Exchange is set to begin open enrollment Oct. 1, and the exchange starts operation Jan. 1.


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