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HAYDEN v. BLUE CROSS AND BLUE SHIELD OF ALABAMA

No. 92-A-1386-N.

855 F.Supp. 344 (1994)

Lee HAYDEN, Etc., et al., v. BLUE CROSS AND BLUE SHIELD OF ALABAMA.

United States District Court, M.D. Alabama, Northern Division.

June 7, 1994.

Attorney(s) appearing for the Case

Russell L. Irby, Eufaula, AL, Andrew P. Campbell, Eddie Leitman, Kerry Phillip Luke, Lynne Stephens O'Neal, Leitman, Siegal, Payne & Campbell, Birmingham, AL, for Lee Hayden, Mary Long, Neil Buettner.

Charles M. Crook, Balch & Bingham, Montgomery, AL, Cavender C. Kimble, Balch & Bingham, Birmingham, AL, for Blue Cross and Blue Shield of Alabama.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I. Introduction

This cause is now before the court on the motions to dismiss filed by Defendant, Blue Cross and Blue Shield of Alabama ("Blue Cross"), on June 29, 1993 and August 6, 1993. Fed.R.Civ.P. 12(b)(1) & (6).

Plaintiffs originally filed this suit in the Circuit Court of Barbour County, Alabama, in October 1992. On November 5, 1992, Blue Cross removed the case to...

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