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SUMMER v. CARELINK HEALTH PLANS, INC.

Civil Action No.: 2:05-0623.

461 F.Supp.2d 482 (2006)

Steven SUMMER and Loraine Summer, his wife, Plaintiffs v. CARELINK HEALTH PLANS, INC., Scott L. Spradlin, D.O., in his capacity as Director of Carelink Health Plans, Inc., Coventry Health Care, Inc. and Coventry Health Plan of West Virginia, Inc., Defendants.

United States District Court, S.D. West Virginia, at Charleston.

September 18, 2006.

Attorney(s) appearing for the Case

Corey L. Palumbo, Jill E. Hall, Stuart A. McMillan, Bowles Rice McDavid Graff & Love, Charleston, WV, for Plaintiffs.

Eric W. Iskra, Grant P.H. Shuman, Spilman Thomas & Battle, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

COPENHAVER, District Judge.

Pending before the court is (1) defendants' motion, filed September 1, 2005, seeking dismissal of plaintiffs' claims, and (2) plaintiffs' motion, filed May 15, 2006, seeking attorney fees and costs.

I.

Plaintiff Loraine Summer is insured under a certificate of insurance issued to the employer of plaintiff Steven Summer by defendant Coventry Health Care, Inc. and Coventry Health...

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