KENEVAN v. EMPIRE BLUE CROSS AND BLUE SHIELD

No. 91 Civ. 2393 (KMW).

791 F.Supp. 75 (1992)

Robert KENEVAN, Mary Pepe, Mildred La Bosco, and Irving Schmookler, individually and on behalf of all others similarly situated, Plaintiffs, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant.

United States District Court, S.D. New York.

April 15, 1992.


Attorney(s) appearing for the Case

Craig A. Landy and Brown & Seymour, New York City, for plaintiffs.

Robert A. Bicks, Breed, Abbott & Morgan, New York City, for defendant.


MEMORANDUM OPINION AND ORDER

KIMBA M. WOOD, District Judge.

Defendant moves to dismiss Plaintiffs' amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, the Court denies Defendant's motion.

BACKGROUND

The Medicare program subsidizes the medical costs of persons 65 years of age or older, and those who are disabled. Medicare Part A generally covers inpatient hospital expenses and...

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