BROWN v. BLUE CROSS & BLUE SHIELD OF ALABAMA

No. 89-7151.

898 F.2d 1556 (1990)

Fred BROWN, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 25, 1990.


Attorney(s) appearing for the Case

Leo E. Costello, Costello & Stott, Birmingham, Ala., for plaintiff-appellant.

Lawrence B. Clark, Lange, Simpson, Robinson & Somerville, Sally S. Reilly, Timothy A. Palmer, Charles C. Pinckney, Birmingham, Ala., for defendants-appellees.

Before JOHNSON, Circuit Judge, RONEY, Senior Circuit Judge, and MELTON, District Judge.


MELTON, District Judge:

Fred Brown ("Brown") was denied hospitalization benefits under a group health plan because he had not obtained a precertification of the hospital admission. The district court held that the decision to deny benefits under this ERISA plan was not arbitrary and capricious and entered summary judgment for defendants. Brown argues on appeal that there were material issues of fact and that the district...

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