[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED No. 05-17170 U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT OCT 7, 2008 D. C. Docket No. 00-01334 MD-FAM THOMAS K. KAHN CLERK

LEONARD J. KLAY, M.D., et al., Plaintiffs,

versus

IAN K. COOK, Dr., Defendant-Appellant,

CIGNA DEFENDANTS, CIGNA HEALTHCARE OF TEXAS, INC. Defendants-Appellees.

________________________

Appeal from the United States District Court for the Southern District of Florida _________________________

(October 7, 2008)

Before EDMONDSON, Chief Judge, ANDERSON, Circuit Judge, and COHILL,* District Judge.

PER CURIAM:

_____________ *Honorable Maurice B. Cohill, Jr., United States District Judge for the Western District of Pennsylvania, sitting by designation. After oral argument and careful consideration, we readily conclude that the

judgment of the district court is due to be affirmed. For the reasons discussed at

oral argument, we conclude that the notice of the class action settlement amply

satisfied the requirements of due process. We also conclude that Dr. Cook failed to

preserve in the district court his argument that some of his claims were not “finally

adjudicated” and thus should have been excluded from the claims released by the

settlement agreement.

AFFIRMED.

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