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HOWARD v. GROUP HOSP. SERVICE

No. 82-1397.

739 F.2d 1508 (1984)

Lloyde E. HOWARD, Plaintiff-Appellant, v. GROUP HOSPITAL SERVICE, an Oklahoma Corporation, d/b/a Blue Cross and Blue Shield of Oklahoma, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 6, 1984.

Attorney(s) appearing for the Case

Donald R. Wilson of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl. and Porta, Bass & Bass, El Reno, Okl., for plaintiff-appellant.

E. Bryan Henson of Chapel, Wilkinson, Riggs, Abney & Henson, Tulsa, Okl., for defendant-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Lloyde E. Howard brought suit against Group Hospital Service, d/b/a Blue Cross and Blue Shield of Oklahoma (Blue Cross), in an Oklahoma state court for damages in tort and contract resulting from Blue Cross' failure to pay claims under a Federal Employee Health Benefits Program (FEP) medical insurance policy. Blue Cross refused to pay a portion of claims made for treatment of Howard's wife for nervous and mental problems on the basis...

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