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

No. 90-1008.

925 F.2d 81 (1991)

Robert WEINER; Margaret Weiner; Mark Weiner; Robert Weiner, as personal representative of the estate of Steven Weiner, Plaintiffs-Appellees, v. BLUE CROSS & BLUE SHIELD OF MARYLAND, INC., Defendant-Appellant, and Blue Cross of Maryland, Inc.; Blue Shield of Maryland, Inc.; Blue Cross/Blue Shield of Florida, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1991.

Attorney(s) appearing for the Case

Shale David Stiller, argued (Leonard E. Cohen, Allan P. Hillman, William L. Reynolds, Frank, Bernstein, Conaway & Goldman, H. Russell Smouse, Whiteford, Taylor & Preston, on brief), Baltimore, Md., for defendant-appellant.

Larry S. Stewart, argued (James B. Tilghman, Jr., Stewart, Tilghman, Fox & Bianchi, P.A., on brief), Miami, Fla., for plaintiffs-appellees.

Before HALL and MURNAGHAN, Circuit Judges, and CACHERIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

MURNAGHAN, Circuit Judge:

Robert Weiner, Sr., a gasoline station owner and operator in Broward County, Florida, wanted to obtain group health insurance for himself and family members. Through a Florida association of gasoline retailers, he obtained the coverage for his family which he desired. What he received was a group policy showing a national group, the Service Station Dealers of America, as an employer and designating those covered by the policy as "employees...

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