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NIGHTINGALE NURSING SERV. INC. v. BLUE CROSS

Nos. 93-6867, 93-6918.

41 F.3d 1476 (1995)

FLORENCE NIGHTINGALE NURSING SERVICE, INC., California corporation, Plaintiff-Appellee, v. BLUE CROSS/BLUE SHIELD OF ALABAMA, Defendant-Appellant. FLORENCE NIGHTINGALE NURSING SERVICE, INC., California corporation, Plaintiff-Appellant, v. BLUE CROSS/BLUE SHIELD OF ALABAMA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 9, 1995.

Attorney(s) appearing for the Case

Cavender C. Kimble, Michael L. Edwards, Balch & Bingham, Birmingham, AL, for appellant in no. 93-6867.

Maureen Kane Berg, Patrick F. Clark, Samuel H. Heldman, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, AL, for appellee in no. 93-6867.

Maureen Kane Berg, Jay Smith, Samuel H. Heldman, Patrick F. Clark, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, AL, for appellant in no. 93-6918.

Cavender C. Kimble, Michael L. Edwards, Leigh Ann Hodge, Birmingham, AL, for appellee in no. 93-6918.

Before KRAVITCH and DUBINA, Circuit Judges, and GIBSON, Senior Circuit Judge.

DUBINA, Circuit Judge:

In Case No. 93-6867, Blue Cross/Blue Shield of Alabama ("Blue Cross") appeals the district court's judgment entered in favor of Florence Nightingale Nursing Service, Inc. ("Nightingale") in this ERISA/insurance benefits action. 832 F.Supp. 1456. Based upon our review of the record, we affirm. In a companion case, Case No. 93-6918, Nightingale appeals the district court's order denying its motion for attorney...

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