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NGS AMERICAN, INC. v. JEFFERSON

No. 98-2209.

218 F.3d 519 (2000)

NGS AMERICAN, INC., Plaintiff-Appellant, v. Mickey JEFFERSON, representative of Estate of Bernetta Jefferson, Deceased; Andrew Jefferson and Stephan Lamb, minors, by their guardian, Mickey Jefferson; and Mickey Jefferson, individually, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 5, 2000.

Attorney(s) appearing for the Case

Ronald S. Longhofer (argued and briefed), Raymond M. Kethledge (briefed), Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Plaintiff-Appellant.

Jonathan M. Pavsner (argued and briefed), Law Offices of Sheldon J. Schlesinger, Ft. Lauderdale, Florida, for Defendants-Appellees.

Before: BOGGS and SUHRHEINRICH, Circuit Judges; and POLSTER, District Judge.

OPINION

BOGGS, Circuit Judge.

NGS American, Inc., ("NGS") is a Michigan-based, third-party administrator of the Flint Ink Corporation Employees Group Medical Benefit Plan ("the Plan") in Florida. Mickey Jefferson's wife Bernetta received services as a beneficiary under the Plan. She died in the hospital two weeks after giving birth to the Jeffersons' son, of a condition that Mickey Jefferson claims was readily detectable and treatable. On November 19, 1997...

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