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MADONIA v. BLUE CROSS & BLUE SHIELD OF VIRGINIA

No. 93-1057.

11 F.3d 444 (1993)

Virginia MADONIA, Plaintiff-Appellant, v. BLUE CROSS & BLUE SHIELD OF VIRGINIA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1993.

Attorney(s) appearing for the Case

James Warren Haskins, Young, Haskins, Mann & Gregory, P.C., Martinsville, VA, argued (G. Carter Greer, on brief), for plaintiff-appellant.

James P. McElligott, Jr., McGuire, Woods, Battle & Boothe, Richmond, VA, argued (Gilbert E. Schill, Jr., Catherine Currin Hammond, David F. Dabbs, McGuire, Woods, Battle & Boothe, Jeanette D. Rogers, Blue Cross and Blue Shield of Virginia, on brief), for defendant-appellee.

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

The question before us is whether a closely held corporation that subsidized health insurance policies for several of its employees has established an "employee welfare benefit plan" under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. Here we find that it has. In addition, we hold that a sole shareholder employed by the corporation and insured under the health policy provided by the corporation...

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