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KENNEDY v. EMPIRE BLUE CROSS AND BLUE SHIELD

No. 91 Civ. 8492 (TPG).

796 F.Supp. 764 (1992)

Anne KENNEDY, Michael Chubre (as representatives of Emily Chubre), on behalf of themselves and others similarly situated, Plaintiffs, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant.

United States District Court, S.D. New York.

August 7, 1992.

Attorney(s) appearing for the Case

Whitney North Seymour, Brown & Seymour (Craig A. Landy, of counsel), New York City, for plaintiffs.

James J. Sabella, Breed, Abbott & Morgan, New York City, for defendant.

OPINION

GRIESA, District Judge.

This is a class action. Each of the plaintiffs subscribes to one of several major medical insurance policies issued by defendant Empire Blue Cross & Blue Shield. The complaint alleges that in 1991 Empire changed its geographic formula for computing rates of reimbursement for medical procedures. Plaintiffs claim that this change was a breach of contract, resulting in decreased...

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