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HENDERSON v. BODINE ALUMINUM, INC.

No. 95-2469.

70 F.3d 958 (1995)

Karen E. HENDERSON; James W. Henderson, Appellants, v. BODINE ALUMINUM, INC.; Comprehensive Health Benefits Program for Employees of Bodine Aluminum, Inc.; Alliance Blue Cross Blue Shield; Healthy Alliance Life Insurance Company a subsidiary of Alliance Blue Cross Blue Shield, Appellees, Equal Employment Opportunity Commission; Missouri Commission on Human Rights; Barnes Hospital, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided October 31, 1995.

Attorney(s) appearing for the Case

S. Sheldon Weinhaus, Weinhaus & Dobson, St. Louis, MO, for Karen E. Henderson, and James W. Henderson.

Patricia M. McFall, Stanley G. Schroeder, McMahon & Berger, St. Louis, MO, for Bodine Aluminum, Inc., and Comprehensive Health Benefits Program, for Employees of Bodine Aluminum, Inc.

Michael P. Burke, Bryan & Cave, St. Louis, MO, Patricia A. Hart, St. Louis, MO, Martin J. Toft, St. Louis, MO, Mark A. Kinzie, Stinson & Mag, St. Louis, MO, for Alliance Blue Cross Blue Shield, and Healthy Alliance Life Insurance Company.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and HANSEN, Circuit Judges.

PER CURIAM.

This case is brought under the Americans With Disabilities Act of 1990. 42 U.S.C. §§ 12101, et seq. (the ADA). Appellant Karen E. Henderson sought a preliminary injunction against her health plan and insurance providers, maintaining that her health plan discriminated against her when it denied her physician's request for certain treatment on the ground that as to breast cancer, the treatment was experimental. The district court denied the requested...

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