KLINGINSMITH v. MO. DEPT. OF CONSUMER AFFAIRS

No. WD 36038.

693 S.W.2d 226 (1985)

Charles M. KLINGINSMITH, and B.J. (Bill) Kilburn, Appellants, v. MISSOURI DEPARTMENT OF CONSUMER AFFAIRS, REGULATION AND LICENSING, DIVISION OF INSURANCE, and Missouri Medical Service, a corporation, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied July 2, 1985.

Application to Transfer Denied August 7, 1985.


Attorney(s) appearing for the Case

Thomas J. Downey, Jefferson City, for appellants (Klinginsmith and Kilburn).

Dwain A. Akins, Jefferson City, for respondent (Dept. of Consumer Affairs).

Joseph J. Simeone, J. Jackson Sisk, Matthew G. Perlow, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, for respondent (Missouri Medical Service).

Daniel P. Card, II, David B. Lacks, St. Louis, for amicus curiae (Missouri Psychological Assoc.).

Before CLARK, P.J., and KENNEDY and LOWENSTEIN, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied July 2, 1985.

CLARK, Presiding Judge.

This is a suit for declaratory judgment seeking a determination of whether a health services corporation is obligated to include chiropractic treatments as a covered benefit for members. The trial court found the issues in favor of defendants and plaintiffs appeal. Reversed.

The facts of the case were stipulated. B.J. Kilburn was a member...

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