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PRESLEY v. BLUE CROSS-BLUE SHIELD OF ALABAMA

No. CV-88-N-5353-NE.

744 F.Supp. 1051 (1990)

Charlotte PRESLEY and Larry Presley, Plaintiffs, v. BLUE CROSS-BLUE SHIELD OF ALABAMA, Defendant.

United States District Court, N.D. Alabama, Northeastern Division.

July 31, 1990.

Attorney(s) appearing for the Case

Gary W. Lackey, Scottsboro, Ala., Thomas W. Bowron, II, Polson Jones Bowron & Robbins, Birmingham, Ala., for plaintiffs.

Lawrence B. Clark, Sally S. Reilly, Timothy A. Palmer, Birmingham, Ala., for defendant.

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

This is a civil action for the recovery of hospital and medical benefits alleged to be due under the terms of an "employee welfare benefit plan" and "welfare plan" under ERISA, 29 U.S.C. § 1001, et seq.1 The action was submitted for decision on stipulated facts.

I. FINDINGS OF FACTS.

1. On October...

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