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McDONALD v. PROVIDENT INDEM. LIFE INS. CO.

No. 93-7362.

60 F.3d 234 (1995)

Nathan and Sharyl McDONALD, Individually and as Next Friend and Guardians of Nathan Neil McDonald, a Minor, and J.N. McDonald, Jr., Individually and d/b/a McDonald Equipment, Plaintiffs-Appellants, v. PROVIDENT INDEMNITY LIFE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 9, 1995.

Attorney(s) appearing for the Case

David Sheller, Houston, TX, for appellants.

Gene Creely, II, John Boswell, Boswell & Hallmark, Houston, TX, for appellees.

Before POLITZ, Chief Judge, EMILIO M. GARZA and STEWART, Circuit Judges.

POLITZ, Chief Judge:

McDonald Equipment Company and employee-beneficiaries of its health insurance plan appeal an adverse summary judgment in their action complaining of excessive — and unaffordable — premium increases. We affirm.

Background

In 1986, McDonald Equipment, a sole proprietorship owned by J.N. McDonald, Jr., subscribed to the Business Insurance Trust to obtain group health insurance for its employees and their dependents...

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