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RADEMACHER v. COLO. ASS'N OF SOIL CONS. MED. PLAN

No. 93-1026.

11 F.3d 1567 (1993)

Sue Ann RADEMACHER and Richard L. Rademacher, Plaintiffs-Appellees, v. COLORADO ASSOCIATION OF SOIL CONSERVATION DISTRICTS MEDICAL BENEFIT PLAN, a Colorado corporation; named in original complaint as: Colorado Association Soil Conservation Districts; Associated Health Care Administrators, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 29, 1993.

Attorney(s) appearing for the Case

Jennifer L. Motycka, Longmont, CO, for plaintiffs-appellees.

Timothy J. Parsons, David B. Seserman, Dean C. Heizer, of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, CO, for defendants-appellants.

Before SEYMOUR and EBEL, Circuit Judges, and THOMPSON, District Judge.

EBEL, Circuit Judge.

Defendants appeal from the district court's grant of summary judgment to plaintiffs in their suit for damages and payment of certain medical costs under an ERISA benefit plan. The underlying facts of this case are undisputed.1 Sue Ann Rademacher went into premature labor with twins. The labor was not life-threatening to her, but was life-threatening to the fetuses. Because the local hospital could not provide the neonatal...

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