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AMBROSE v. BLUE CROSS & BLUE SHIELD OF VIRGINIA

Civ. A. No. 3:94cv636.

891 F.Supp. 1153 (1995)

Nancy L. AMBROSE, Habib Guirguis, and Richard Grant Bird, Plaintiffs, v. BLUE CROSS & BLUE SHIELD OF VIRGINIA, INC., a/k/a Trigon Blue Cross Blue Shield, and HMO of Virginia Inc., and Healthkeepers, Inc., a/k/a Healthkeepers of Virginia, Inc., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

June 27, 1995.

Attorney(s) appearing for the Case

Richard T. McGrath, Kane, Jeffries, Foreman & Gayle, Richmond, VA, Irwin W. Stolz, Gambraell & Stolz, Atlanta, GA, Gene M. Winburn, Winburn, Lewis & Barrow, Athens, GA, for plaintiffs.

Thomas E. Martenstein, Jeanette D. Rogers, Blue Cross & Blue Shield of Virginia Legal Dept., James C. Roberts, Mays & Valentine, R. Gordon Smith, James P. McElligott, Jr., James B. Comey, McGuire, Woods, Battle & Boothe, Richmond, VA, for defendants.

MEMORANDUM OPINION

PAYNE, District Judge.

The Amended Class Action Complaint ("Amended Complaint") contains five counts. In Counts One and Two, Richard G. Bird, and the class he purports to represent, assert claims under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 ("ERISA"). These two counts have been voluntarily dismissed. Consequently, Bird is no longer a plaintiff and there are no ERISA claims remaining. Count...

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