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NESSEIM v. MAIL HANDLERS BEN. PLAN

No. 92-2009.

995 F.2d 804 (1993)

Clifford Jearold NESSEIM, Mary Lou Nesseim, Plaintiffs-Appellees, v. MAIL HANDLERS BENEFIT PLAN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1993.

Attorney(s) appearing for the Case

Denis F. Gordon, Washington, DC, argued for defendant-appellant.

Monte R. Walz, Sioux Falls, SD, argued, for plaintiffs-appellees.

Before JOHN R. GIBSON, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Mail Handlers Benefit Plan appeals from the district court's entry of summary judgment in favor of Clifford Jearold and Mary Lou Nesseim on their claim for health care benefits to cover high-dose chemotherapy accompanied by an autologous bone marrow transplant. The Plan denied the Nesseims' request for precertification of coverage for treatment of Mary Lou's breast cancer, the Nesseims appealed to the Office of Personnel Management,...

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