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INSURANCE BD. OF BETHLEHEM STEEL CORP. v. MUIR

No. 86-5464.

819 F.2d 408 (1987)

The INSURANCE BOARD UNDER the SOCIAL INSURANCE PLAN OF BETHLEHEM STEEL CORPORATION and Subsidiary Companies and Pennsylvania Blue Shield and Pennsylvania Blue Cross v. MUIR, William, Acting Insurance Commissioner of the Commonwealth of Pennsylvania. Appeal of INSURANCE BOARD UNDER the SOCIAL INSURANCE PLAN OF BETHLEHEM STEEL CORPORATION and Subsidiary Companies, Pennsylvania Blue Shield and Blue Cross of Western Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 26, 1987.

As Amended June 8, 1987.

Attorney(s) appearing for the Case

Thomas E. Wood, Keefer, Wood, Allen and Rahal, Harrisburg, Pa., Barbara E. Schlaff, G. Stewart Webb (argued), Clayton H. Paterson, Venable, Baetjer & Howard, Baltimore, Md., Kathleen M. Mills, Law Dept., Bethlehem Steel Corp., Bethlehem, Pa., for appellants.

Stephen E. Lawton, T. Timothy Ryan, Jr., Charles J. Steele, Carol Colborn, Joel M. Hamme, Pierson, Ball & Dowd, Washington, D.C., for amicus curiae, Washington Business Group on Health.

Ellis A. Saull (argued), Deputy Atty. Gen., Office of Atty. Gen., Philadelphia, Pa., for Com. of Pa.

Edward A. Scallet (argued), Thompson & Mitchell, Washington, D.C., for amicus curiae, American Dental Assoc.

Before HIGGINBOTHAM and STAPLETON, Circuit Judges, and RODRIGUEZ, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from a grant of summary judgment for appellee in a declaratory judgment action. On June 2, 1986, 635 F.Supp. 1425, the United States District Court for the Middle District of Pennsylvania denied appellants' motion to reconsider filed pursuant to Fed.R.Civ.P. 59(e) and affirmed its February 28, 1986...

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