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BLUE CROSS AND BLUE SHIELD OF MARYLAND, INC. v. WEINER

No. 88-5518.

868 F.2d 1550 (1989)

BLUE CROSS AND BLUE SHIELD OF MARYLAND, INC., Plaintiff-Appellant, Blue Cross and Blue Shield of Florida, Inc., Plaintiff-Intervenor, v. Robert WEINER, Sr., Margaret Weiner, Mark Weiner, and Robert Weiner, Sr., as Personal Representatives of the Estate of Steven Weiner, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 5, 1989.

Attorney(s) appearing for the Case

Leonard E. Cohen, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., Kendall B. Coffey, Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, Fla., for plaintiff-appellant.

Larry S. Stewart, James B. Tilghman, Miami, Fla., for defendants-appellees.

Before KRAVITCH and HATCHETT, Circuit Judges, and MARKEY, Chief Circuit Judge.

HATCHETT, Circuit Judge.

Blue Cross and Blue Shield of Maryland, Inc. (BCBS-Maryland) appeals the district court's denial of its motion for preliminary injunction and the court's abstention from its claims for permanent injunctive and declaratory relief. We affirm the district court's denial of preliminary injunction and its decision on abstention, but remand to the district court with instructions that it dismiss the request for permanent injunction for lack of subject...

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