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JETT v. BLUE CROSS AND BLUE SHIELD OF ALABAMA

No. 88-7659.

890 F.2d 1137 (1989)

Olan JETT, Plaintiff-Appellee, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC., et al., Defendant-Appellant, Medical Expense Plan, Defendant.

United States Court of Appeals, Eleventh Circuit.

December 18, 1989.

Attorney(s) appearing for the Case

Lawrence B. Clark, Lange, Simpson, Robinson & Somerville, Sally S. Reilly, Morris Wade Richardson, Birmingham, Ala., for defendant-appellant.

Joe L. Tucker, Hardin & Taber, James V. Green, Jr., Birmingham, Ala., for plaintiff-appellee.

Before JOHNSON, Circuit Judge, RONEY, Senior Circuit Judge and YOUNG, Senior District Judge.

RONEY, Senior Circuit Judge:

This case presents the question as to the scope of a court's review of an administrator's decision denying hospitalization benefits on the ground that hospitalization was not medically necessary under an ERISA-governed employee medical expense plan. We hold that the district court articulated the proper arbitrary and capricious standard required by ERISA, but that it, in fact, conducted an improper...

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