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BLUE CROSS AND BLUE SHIELD OF ALABAMA v. COOKE

No. 4:97-CV-30-H3.

3 F.Supp.2d 668 (1997)

BLUE CROSS AND BLUE SHIELD OF ALABAMA, as fiduciary for and on behalf of the Frit Industries Employees' Health Care Plan, Plaintiff, v. Rich H. COOKE, Christine Cooke, and minors Sandy Cooke and Ricky C. Cooke, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

December 10, 1997.

Attorney(s) appearing for the Case

Joel M. Craig, Newsom, Graham, Hedrick & Kennon, Durham, NC, Henry A. Mitchell, III, Newsom, Graham, Hedrick & Kennon, Durham, NC, for Blue Cross and Blue Shield of Alabama.

James M. Ayers, II, New Bern, NC, for Rick H. Cooke, Christine Cooke.

Charles McMurry Williamson, Clark & James, Greenville, NC, for Sandy Cooke, Ricky C. Cooke.

Charles M. Williamson, Clark & James, Greenville, NC, pro se.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on plaintiff's motion for summary judgment pursuant to Fed.R.Civ.P. 56. Defendants have responded, and this matter is ripe for adjudication.

STATEMENT OF THE CASE

Plaintiff Blue cross Blue Shield of Alabama ("BCBSA") filed this action for reimbursement of funds paid to defendants from the Frit Industries Employees' Health Care Benefit Plan ("the Plan"), for which BCBSA...

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