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ROGERS v. JEFFERSON-PILOT LIFE INS. CO.

No. 88-1392.

883 F.2d 324 (1989)

Debra ROGERS, Plaintiff-Appellant, v. JEFFERSON-PILOT LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1989.

Attorney(s) appearing for the Case

Barry Warren Streeter (H. Wayne Floyd, on brief), West Columbia, for plaintiff-appellant.

Ashley Bryan Abel (Gene V. Pruet, Paul A. Dominick, Nexsen, Pruet, Jacobs & Pollard, on brief), Columbia, S.C., for defendant-appellee.

Before SPROUSE and WILKINS, Circuit Judges, and HADEN, Chief Judge, United States District Court for the Southern District of West Virginia, sitting by designation.

SPROUSE, Circuit Judge:

Debra Rogers appeals from the judgment of the district court dismissing her action against Jefferson-Pilot Life Insurance Company pursuant to rule 12(b)(6) of the Federal Rules of Civil Procedure. Her complaint, based on both state and federal grounds, demanded hospitalization benefits under an employee group health care policy. We reverse the court's dismissal of Rogers' federal claim.

Rogers alleges in her amended complaint that,...

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