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IN RE CONSOLIDATED WELFARE FUND ERISA LITIGATION

MDL No. 902. No. 93 Civ. 6179 (MP).

856 F.Supp. 837 (1994)

In re CONSOLIDATED WELFARE FUND ERISA LITIGATION. Dewayne A. BAILEY, et al., Plaintiffs, v. EMPIRE BLUE CROSS/BLUE SHIELD, et al., Defendants.

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

July 12, 1994.

Attorney(s) appearing for the Case

Robert Brace, Hollister & Brace, Santa Barbara, CA, for plaintiffs.

Thomas R. Manisero, Wilson Elser Moskowitz Edelman & Dicker, New York City, for defendant CareAmerica, Inc.

Alan Unger, Sidley & Austin, New York City, for defendant Preferred Health Network, Inc.

DECISION AND OPINION

MILTON POLLACK, Senior District Judge:

Overview

Plaintiffs bring suit against numerous defendants for damages deriving from an alleged health insurance fraud perpetrated by a fraudulent union which purported to offer health insurance that was placed with unlicensed offshore insurance carriers. Two moving defendants whose sole function was to "precertify" insureds for proposed medical treatments move for summary judgment...

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