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BLUE CROSS & BLUE SHIELD v. DEPT. OF BANKING

No. 85-3641 Non-Argument Calendar.

791 F.2d 1501 (1986)

BLUE CROSS & BLUE SHIELD OF FLORIDA, INC., a corporation, Plaintiff-Appellee, v. DEPARTMENT OF BANKING AND FINANCE, an agency of the State of Florida, and Gerald A. Lewis, Comptroller of the State of Florida, Defendants-Appellants, and United States of America, Office of Personnel Management, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied July 28, 1986.

Attorney(s) appearing for the Case

R. Michael Underwood, Office of the Comptroller, Tallahassee, Fla., for defendants-appellants.

J. Stephen O'Hara, Jr., Jack W. Shaw, Jr., Jacksonville, Fla., for Blue Cross & Blue Shield of Fla., Inc.

Philip S. Neal, Terry B. Dowd, Stacy P. Fischer, Washington, D.C., for amicus curiae; Blue Cross & Blue Shield Ass'n.

Stephen P. Smith, Office of Gen. Counsel, Thomas F. Moyer, Office of Personnel Management, Washington, D.C., for U.S. and Office of Personnel Management.

James R. Barnett, David M. Ermer, Washington, D.C., for amicus curiae; Ass'n of Federal Health Organizations.

David J. Epstein, Los Angeles, Cal., for amicus: Nat. Ass'n of Unclaimed Property Admin.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 28, 1986.

PER CURIAM:

At issue in this appeal is the relationship between state unclaimed property law and the federal employees' health benefit program. The dispute is over what happens to health benefit payments that remain unclaimed for seven years. Florida law dictates one disposition, the federal government's contract with one benefit provider dictates another. The district court, 613 F.Supp...

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