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WHITNEY v. EMPIRE BLUE CROSS AND BLUE SHIELD

No. 93 Civ. 0299 (RWS).

920 F.Supp. 477 (1996)

Katherine WHITNEY, as Executrix of the Estate of Barbara Whitney, Plaintiff, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant.

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

March 19, 1996.

Attorney(s) appearing for the Case

Mark Scherzer, New York City, for Plaintiff.

Jeffrey D. Chansler and Joyce Tichy, New York City, for Defendant.

OPINION

SWEET, District Judge.

This case presents the issue whether High Dose Chemotherapy ("HDC") followed by Autologous Bone Marrow Transplantation ("ABMT") is a covered treatment for advanced metastatic breast cancer under a Tradition Plus Hospitalization Policy (the "Policy") issued by defendant Empire Blue Cross & Blue Shield ("Empire") to plaintiff, decedent Barbara Whitney ("Whitney"). Empire...

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