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KEMP v. REPUBLIC NAT. LIFE INS. CO.

No. 80-3774.

649 F.2d 337 (1981)

Mary Belle Reid KEMP, Plaintiff-Appellant, v. REPUBLIC NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

June 30, 1981.

Attorney(s) appearing for the Case

John I. Feduccia, Hammond, La., for plaintiff-appellant.

Montgomery, Barnett, Borwin & Read, Sylvia Landry Holder, New Orleans, La., for defendant-appellee.

Before REAVLEY, RANDALL and SAM D. JOHNSON, Circuit Judges.

REAVLEY, Circuit Judge:

Mary Belle Reid Kemp [Kemp] sued Republic National Life Insurance Company [Republic] to recover medical benefits under a group policy. Republic had paid her $144 and insisted that it did not owe the remaining $8,201.35 because of the medicare provision of the policy. Kemp received no medicare benefits, and was not entitled to do so; but Republic maintained that, since she was over 65 years and a U.S. citizen and resident, she could have enrolled...

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