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EHLMANN v. KAISER FOUNDATION HEALTH PLAN

No. 4:97-CV-264-Y.

20 F.Supp.2d 1008 (1998)

Mary Ellen EHLMANN, et al. v. KAISER FOUNDATION HEALTH PLAN, individually and d/b/a "Kaiser Permanente," et al.

United States District Court, N.D. Texas, Fort Worth Division.

October 20, 1998.

Attorney(s) appearing for the Case

George Parker Young, Friedman Young & Suder, Fort Worth, Texas, for Mary Ellen Ehlmann, Albert DeJohn, Molly Pope, David Pope, Carolyn Salters, Robert Whitacre, Sally Slagle, Carol Pressly, Jimmy Pressly, and Debra McDonald.

Elizabeth Healey Hilbride, Law Office of Elizabeth H. Kilbride, Houston, Texas, for Mary Ellen Ehlmann, Albert DeJohn, Molly Pope, David Pope, Carolyn Salters, and Robert Whitacre.

John Anthony Scully, Cooper Aldous & Scully, Dallas, Texas, for Kaiser Foundation Health Plan of Texas.

Mark Alan Evetts, Susman Godfrey, Dallas, Texas, for NYLCare of Texas, Inc. and NYLCare Health Plan of the Southwest, Inc.

Estil A. Vance, Jr., Cantey & Hanger, Fort Worth, Texas, for Harris Methodist Plan of Texas Incorporated.

Charles Craig Tadlock, Baker & Botts, Dallas, Texas, for Cigna Healthcare of Texas.

John Bruce Shely, Andrews & Kurth, L.L.P., Houston, TX, for Aetna U.S. Healthcare Inc. and Aetna U.S. Healthcare of North Texas, Inc.

AMENDED ORDER GRANTING DEFENDANTS' JOINT MOTION TO DISMISS

MEANS, District Judge.

Pending before the Court is Defendants' Motion to Dismiss, filed March 30, 1998 [doc. # 84-1]. Having carefully considered the motion, response, and reply, the Court finds that the motion should be GRANTED.

"[A] motion to dismiss for failure to state a claim is viewed with disfavor and is rarely granted." Kaiser Aluminum & Chem. Sales v. Avondale Shipyards...

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