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HAYDEN v. BLUE CROSS AND BLUE SHIELD OF ALABAMA

Civ. A. No. 92-A-1386-N.

843 F.Supp. 1427 (1994)

Lee HAYDEN, et al., Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, Defendant.

United States District Court, M.D. Alabama, N.D.

February 7, 1994.

Attorney(s) appearing for the Case

Andrew P. Campbell, Birmingham, AL, Russell L. Irby, Eufaula, AL, Eddie Leitman, Birmingham, AL, Kerry Phillip Luke, S. Lynne Stephens, Leitman, Siegal, Payne & Campbell, Birmingham, AL, for plaintiffs.

Charles M. Crook, Balch & Bingham, Montgomery, AL, Cavender C. Kimble, Balch & Bingham, Birmingham, AL, for defendant.

MEMORANDUM OPINION

ALBRITTON, District Judge.

I. Introduction

This cause is now before the court on the cross-motions for partial summary judgment filed by Defendant, Blue Cross and Blue Shield of Alabama ("Blue Cross"), on June 11, 1993 and Plaintiffs, Lee Hayden, Mary Long, and Neil Buettner, on June 15, 1993.1

Plaintiffs filed this action in October 1992, alleging that Blue Cross had failed to directly...

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