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GUARANTEE TRUST LIFE INS. CO. v. GAVIN

No. 88-3542.

882 F.2d 178 (1989)

GUARANTEE TRUST LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Edward M. GAVIN, D.C., d/b/a Gavin Chiropractic Clinic, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 5, 1989.

Attorney(s) appearing for the Case

John R. Martzell, Jane C. Ettinger, New Orleans, La., for defendant-appellant.

Donald E. Casey, Chicago, Ill., Daniel A. Reed, Gary E. Dienstag, Kenneth E. Barnette, Baton Rouge, La., for plaintiff-appellee.

Charles R. Davis, Jackson, Miss., Earl N. Vaughan, New Orleans, La., for amicus curiae-Golden Rule Ins. Co.

Before GEE, REAVLEY and JOLLY, Circuit Judges.

GEE, Circuit Judge:

Facts

In 1984 and 1985, Dr. Gavin, a chiropractor, provided care to various Louisiana State University students who assigned to him their benefits under an insurance policy issued to them by Guarantee Trust through the University. In processing the claims, Guarantee Trust limited payment to Dr. Gavin pursuant to a policy provision restricting reimbursement for the kind of treatment he provided to eighty percent of the claim, up...

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