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TIEMEYER v. COMMUNITY MUT. INS. CO.

Nos. 92-3415, 92-3528 and 92-3529.

8 F.3d 1094 (1993)

Donna TIEMEYER; Thomas Tiemeyer; Geoffrey Tiemeyer, by Donna Tiemeyer, his mother and next friend; Zachary Tiemeyer, by Donna Tiemeyer, his mother and next friend; Joshua Tiemeyer, by Donna Tiemeyer, his mother and next friend, Plaintiffs-Appellants (92-3415), Cross-Appellees, v. COMMUNITY MUTUAL INSURANCE COMPANY (92-3528); Children's Hospital Medical Center; The Children's Hospital Medical Center Blue Cross, Blue Shield, and Major Medical Plan for Regular Full-Time and Part-Time Employees (92-3529), Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Mitchell B. Goldberg (briefed), Claudia G. Allen (argued), Strauss & Troy, Philip A. Logan (briefed), Cincinnati, OH, for plaintiffs-appellants cross-appellees in Nos. 92-3415, 92-3528 & 92-3529.

Frederick M. Erny (argued), Frank C. Woodside, III (briefed), Dinsmore & Shohl, Edward G. Marks (argued and briefed), Beckman, Weil, Shepardson & Faller, Cincinnati, OH, for Community Mut. Ins. Co. in No. 92-3415.

Frederick M. Erny, Frank C. Woodside, III, Dinsmore & Shohl, Cincinnati, OH, for Childrens Hosp. Medical Center, Children's Hosp. Medical Center Blue Cross, Blue Shield, and Major Medical Plan for Regular Full-Time and Part-Time Employees in Nos. 92-3415, 92-3528 & 92-3529.

Edward G. Marks (argued and briefed), Beckman, Weil, Shepardson & Faller, Cincinnati, OH, for Community Mut. Ins. Co. in Nos. 92-3528, 92-3529.

Before: KEITH and KENNEDY, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

I.

Plaintiff-appellant cross-appellee Donna Tiemeyer ("Tiemeyer") was an employee of defendant-appellee cross-appellant Children's Hospital Medical Center ("Children's Hospital") on October 13, 1987, when she learned of the possibility of a private adoption of triplets yet to be born. She and her husband immediately contacted an attorney to represent them in securing the children. That same day, Tiemeyer contacted the benefits...

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