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TEPE v. ROCKY MOUNTAIN HOSP.

No. 93CA0584.

893 P.2d 1323 (1994)

Lester E. TEPE, individually and as personal representative of the Estate of Barbara H. Tepe, deceased (by substitution), Plaintiff-Appellee, v. ROCKY MOUNTAIN HOSPITAL AND MEDICAL SERVICES d/b/a Blue Cross and Blue Shield of Colorado, Inc., Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 4, 1994.

Petition for Certiorari Dismissed on Stipulated Motion April 17, 1995.

Attorney(s) appearing for the Case

Dufford & Brown, P.C., Morris B. Hecox, Jr., Scott J. Mikulecky, Denver, Arlene Groch, Somers Point, NJ, for plaintiff-appellee.

Cooper & Kelley, P.C., Richard B. Caschette, Dean A. McConnell, Denver, Miller & Chevalier, Chartered, Terry Bancroft Dowd, Washington, DC, for defendant-appellant.

Opinion by Judge KAPELKE.

In this action for declaratory and injunctive relief, defendant, Blue Cross Blue Shield of Colorado, Inc. (BCBS), appeals from the summary judgment entered in favor of plaintiffs, Barbara and Lester Tepe. We affirm.

The following material facts are undisputed. Lester Tepe is a federal employee and a subscriber to the Federal Employees Health Benefits Program (the Program). The Program was established by Congress in the Federal Employees...

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