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BLUE CROSS AND BLUE SHIELD OF ALABAMA v. NIELSEN

Civil Action No. CV-94-L-1265-S.

917 F.Supp. 1532 (1996)

BLUE CROSS AND BLUE SHIELD OF ALABAMA, Plaintiff, v. John O. NIELSEN, D.M.D., individually and on behalf of all other persons who are similarly situated, Defendant. Kenneth O. FRIDAY and George R. Bolling, Individually and on behalf of all other persons who are similarly situated, Intervenors, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, Counter-Defendant.

United States District Court, N.D. Alabama, Southern Division.

January 31, 1996.

Attorney(s) appearing for the Case

Edward S. Allen, Cavender C. Kimble, Leigh Anne Hodge, Balch & Bingham, Birmingham, AL, for Blue Cross and Blue Shield of Alabama, Inc.

William M. Slaughter, James C. Huckaby, Jr., R. Scott Williams, Haskell Slaughter Young & Johnston, Birmingham, AL, Jeffery H. Long, James H. Evans, Attorney General, Office of the Attorney General, Montgomery, AL, for John O. Nielsen, D.M.D., Kenneth O. Friday, George R. Bolling.

James S. Christie, Jr., Bradley Arant Rose & White, Birmingham, AL, for Complete Health, Inc.

Mary Kay Kelley, Mestre & Kelley, Birmingham, AL, for Samuel W. Sullivan, M.D.

MEMORANDUM OPINION

LYNNE, Senior District Judge.

This action came to be heard on Blue Cross and Blue Shield of Alabama's motion for partial summary judgment on Counts I and II of its complaint for declaratory judgment and its motion to dismiss, or in the alternative, for summary judgment on the intervenors' complaint. Blue Cross and Blue Shield of Alabama ("Blue Cross") filed this action on May 25, 1994, against John O. Nielsen, individually and as...

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