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THE ADMINISTRATIVE COMMITTEE v. KERN

No. CIV. 98-5216.

72 F.Supp.2d 1051 (1999)

THE ADMINISTRATIVE COMMITTEE, as Administrator and Named Fiduciary of the Wal-Mart Associates' Group Health Plan, Plaintiff, v. Sarah E. KERN, A/K/A Sarah E. Dixon, Defendant.

United States District Court, W.D. Arkansas, Fayetteville Division.

December 2, 1999.

Attorney(s) appearing for the Case

W.O. Luckett, Jr., Memphis, TN, Michael R. Jones, Mountainburg, AR, for Plaintiff.

William B. Raiford, III, Merkel & Cocke, Clarksdale, MS, for Defendant.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Senior District Judge.

This case is before the court on the plaintiff's motion for summary judgment and the defendant's response thereto.

Background.

In 1992, Sarah Dixon Kern (Kern)1 sought the services of Dr. Samuel J. Creekmore, M.D., at the Creekmore Clinic in Union County, Mississippi, for the treatment of a chronic rash. Dr. Creekmore informed Kern that...

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