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ADLER v. HOSPITAL SERVICE ASS'N OF NEW ORLEANS

No. 5474.

278 So.2d 177 (1973)

Walter P. ADLER v. HOSPITAL SERVICE ASSOCIATION OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied June 5, 1973.

Writs Refused August 17, 1973.

Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, Albert H. Hanemann, Jr., New Orleans, for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel, Donald Collins, New Orleans, for defendant-appellee.

Before SAMUEL, LEMMON and GULOTTA, JJ.

GULOTTA, Judge.

This is a suit against Hospital Services Association (Blue Cross) for the payment of the full amount of surgeons' fees, as well as for statutory penalties and attorney's fees. The trial judge denied the claim for reimbursement of the full amount of the fees submitted and only allowed $1,616.00, or that portion of the fees that Blue Cross agreed to pay under the provisions of the policy, plus $275.20 for a prosthetic device, a total of $1,891.20.

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