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BAILEY v. BLUE CROSS & BLUE SHIELD OF VIRGINIA

No. 94-2531.

67 F.3d 53 (1995)

Mary BAILEY, Plaintiff-Appellee, v. BLUE CROSS & BLUE SHIELD OF VIRGINIA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1995.

Attorney(s) appearing for the Case

ARGUED: Thomas E. Spahn, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, VA, for Appellant. Robert Edward Hoskins, Foster & Foster, Greenville, SC, for Appellee. ON BRIEF: Bradford A. King, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, VA; Robert W. McFarland, Richard J. Cromwell, McGuire, Woods, Battle & Boothe, L.L.P., Norfolk, VA; Jeanette D. Rogers, Blue Cross and Blue Shield of Virginia, Richmond, VA, for Appellant. Timothy G. Clancy, Cumming, Hatchett, Moschel & Patrick, Hampton, VA, for Appellee.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Senior Judge BUTZNER joined.

OPINION

ERVIN, Chief Judge:

Insurer Blue Cross/Blue Shield of Virginia ("Blue Cross") challenges the district court's grant of summary judgment in favor of one of its policyholders, Mary Bailey. Bailey, who has breast cancer, seeks coverage for high dose chemotherapy that she claims...

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