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WHEELER v. DYNAMIC ENGINEERING, INC.

Nos. 94-1587, 94-1996.

62 F.3d 634 (1995)

Frances C. WHEELER, Plaintiff-Appellee, v. DYNAMIC ENGINEERING, INCORPORATED, Defendant-Appellant, and Office of Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), Defendant. (Two Cases.)

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1995.

Attorney(s) appearing for the Case

ARGUED: Robert Jon Barry, Kaufman & Canoles, Norfolk, VA, for appellant. Robert Edward Hoskins, Foster & Foster, Greenville, SC, for appellee. ON BRIEF: Richard C. Mapp, III, Laura G. Gross, Kaufman & Canoles, Norfolk, VA, for appellant. Timothy G. Clancy, Cumming, Hatchett, Moschel & Patrick, Hampton, VA, for appellee.

Before MICHAEL and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge MOTZ and Senior Judge PHILLIPS joined.

OPINION

MICHAEL, Circuit Judge:

Dynamic Engineering, Inc. maintains an employee health care plan pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. Frances Wheeler (Wheeler), whose husband is employed by Dynamic, seeks to recover the costs of her breast cancer treatment from...

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