KENNEDY v. EMPIRE BLUE CROSS AND BLUE SHIELD

No. 845, Docket 92-7923.

989 F.2d 588 (1993)

Anne KENNEDY; Michael Chubre, as representative of Emily Chubre; Josette Boehm and Ralph Russo, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 22, 1993.


Attorney(s) appearing for the Case

Whitney North Seymour, Jr., New York City (Craig A. Landy, Peter James Clines, Brown & Seymour, of counsel), for appellants.

James J. Sabella, New York City (Robert A. Bicks, Patricia Anne Kuhn, Breed, Abbott & Morgan, of counsel), for appellee.

Before: MESKILL, Chief Judge, VAN GRAAFEILAND and CARDAMONE, Circuit Judges.


MESKILL, Chief Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Griesa, J., dismissing the plaintiffs' breach of contract class action against defendant insurance carrier for failure to exhaust administrative remedies, 796 F.Supp. 764.

This action was brought by subscribers to several major medical insurance plans issued by defendant Empire Blue...

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