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GOEPEL v. NATIONAL POSTAL MAIL HANDLERS UNION

No. 93-5657.

36 F.3d 306 (1994)

Marilyn GOEPEL; Ronald Goepel, Appellants, v. NATIONAL POSTAL MAIL HANDLERS UNION, A DIVISION OF LIUNA, d/b/a Mail Handlers Benefit Plan.

United States Court of Appeals, Third Circuit.

Decided September 27, 1994.

Sur Petition for Rehearing October 25, 1994.

Attorney(s) appearing for the Case

Arlene G. Groch (argued), Somers Point, NJ, for appellants.

Denis F. Gordon (argued), Susan J. Pannell, Gordon & Barnett, Washington, DC, for appellee.

Before: STAPLETON and GREENBERG, Circuit Judges, and ATKINS, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

A. Factual History

Appellant Ronald Goepel is a civilian employee of the United States Department of the Navy. He and his wife, appellant Marilyn Goepel, reside in Deptford, New Jersey, and have been enrolled in the Mail Handlers Benefit Plan, a fee-for-service health benefits plan, continuously since 1981. The Mail

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