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BURKEY v. GOVERNMENT EMPLOYEES HOSP. ASS'N

No. 91-3653.

983 F.2d 656 (1993)

Linda W. BURKEY and Carey David Burkey, Plaintiffs-Appellees, Cross-Appellants, and Department of Health & Human Resources, et al., Intervenors-Plaintiffs-Appellees, v. GOVERNMENT EMPLOYEES HOSPITAL ASSOCIATION, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1993.

Attorney(s) appearing for the Case

Lisa Miley Geary, Campbell, McCranie, Sistrunk, Anzelmo & Hardy, Metairie, LA, Michael J. Kator, Kator, Scott & Heller, Washington, DC, for appellant.

William Kanter, John P. Schnitker, U.S. Dept. of Justice, Washington, DC, for amicus curiae U.S. Office of Personnel Management.

Gayle Anne Reynolds, LeBrun, Mackles & Reynolds, New Orleans, LA, for Burkeys.

Miles Trapolin, New Orleans, LA, for DHHR.

Before DAVIS and JONES, Circuit Judges, and Parker, District Judge.

EDITH H. JONES, Circuit Judge:

Linda W. Burkey Mahaffey, a federal employee, and Carey David Burkey filed suit in 1986 contending that the Government Employees Hospital Association ("GEHA") breached its contractual agreement to pay Carey David Burkey's medical bills. They were awarded recovery under Louisiana law, which authorizes damages and attorneys' fees for unreasonable delay in paying health and accident insurance claims. La.Rev.Stat.Ann. 22:657 (West Supp.1992...

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