HARRIS v. BLUE CROSS AND BLUE SHIELD OF TEXAS

Civ. A. No. CA3-89-2305-D.

729 F.Supp. 49 (1990)

John D. HARRIS and Viola Susie Harris, Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF TEXAS, INC., Defendant.

United States District Court, N.D. Texas, Dallas Division.

January 12, 1990.


Attorney(s) appearing for the Case

John R. Frazier of Nash & Frazier, Dallas, Tex., for plaintiffs.

E. Stratton Horres, Jr. of Gardere & Wynne, Dallas, Tex., for defendant.


MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

The instant motion to dismiss presents the question whether ERISA plaintiffs are entitled to recover exemplary damages in an action brought pursuant to ERISA § 502(a), 29 U.S.C. § 1132(a).

I

John D. Harris ("John") and Viola B. "Susie" Harris ("Susie") sue to recover benefits under a group health insurance policy issued by Blue Cross and Blue Shield of Texas, Inc. ("BCBS...

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