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HARRIS v. MUTUAL OF OMAHA COMPANIES

Nos. 92-3301, 92-3384.

992 F.2d 706 (1993)

Judith HARRIS, Plaintiff-Appellant, Cross-Appellee, v. MUTUAL OF OMAHA COMPANIES and Rural Carrier Benefit Plan, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1993.

Attorney(s) appearing for the Case

W. Scott Montross (argued), Townsend, Hovde & Montross, Indianapolis, IN, David W. Stone, IV, Stone Law Office & Legal Research, Anderson, IN, for plaintiff-appellant, cross-appellee.

Ariane Schallwig Johnson, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, Thomas E. Johnson (argued), Steven D. Davidson, Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, NE, for defendants-appellees, cross-appellants.

Before CUMMINGS and RIPPLE, Circuit Judges, and TIMBERS, Senior Circuit Judge.

RIPPLE, Circuit Judge.

This is an appeal from a district court denial of preliminary injunction and declaratory judgment to a federal employee claiming health insurance coverage for a particular type of cancer treatment. The Office of Personnel Management (OPM), the agency charged with administering the Federal Employees Health Benefits Act (FEHBA), had determined that the employee's specific health insurance contract did not cover the treatment. For the reasons that...

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