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DOE v. BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN

No. 96-3275.

112 F.3d 869 (1997)

John DOE, Plaintiff-Appellant, v. BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN and Aurora Health Care, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1997.

Attorney(s) appearing for the Case

Thomas W. St. John, Ted A. Warpinski (argued), Friebert, Finerty & St. John, Milwaukee, WI, for Plaintiff-Appellant.

John Edward Hintz, Blue Cross & Blue Shield United of Wisconsin, Milwaukee, WI, for Defendant-Appellee Blue Cross & Blue Shield United of Wisconsin.

James M. Caragher (argued), David W. Simon, Foley & Lardner, Milwaukee, WI, for Defendant-Appellee Aurora Health Care.

Before POSNER, Chief Judge, and FLAUM and EVANS, Circuit Judges.

POSNER, Chief Judge.

The plaintiff was enrolled in an employee welfare benefit plan offered and funded by his employer (Aurora), administered by a health insurer (Blue Cross), and governed by ERISA. In 1989 he underwent psychiatric treatment for which the plan initially paid, but it stopped paying early in 1990 and later that year formally denied coverage. On September 27, 1994, he brought this suit against the employer and the insurer under 29 U.S.C. § 1132...

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