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McGEE v. EQUICOR-EQUITABLE HCA CORP.

Nos. 90-3209, 90-3217.

953 F.2d 1192 (1992)

Charlie McGEE, Plaintiff-Appellant and Cross-Appellee, v. EQUICOR-EQUITABLE HCA CORPORATION, and Equicor Health Plan, Inc., Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

January 13, 1992.

Attorney(s) appearing for the Case

Phillip R. Fields (Steven P. Smith, with him on the briefs), Wichita, Kan., for plaintiff-appellant and cross-appellee.

Donald W. Bostwick of Adams, Jones, Robinson & Malone, Wichita, Kan., for defendants-appellees and cross-appellants.

Before SEYMOUR, BARRETT and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

We are called upon to resolve a contract dispute over the extent of medical benefits coverage provided by a Health Maintenance Organization (HMO) to a participant of a welfare benefit plan governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1988).

The district court found the HMO wrongfully denied Plaintiff coverage for two of twenty-five months of rehabilitative care his minor daughter...

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