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MONTGOMERY v. BLUE CROSS & BLUE SHIELD

No. 03-95-00416-CV.

923 S.W.2d 147 (1996)

Richard MONTGOMERY, Shirley Montgomery and Stacy Montgomery, Appellants, v. BLUE CROSS AND BLUE SHIELD OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 26, 1996.

Attorney(s) appearing for the Case

Tim Labadie, Longley & Maxwell, Austin, for Appellants.

Michael S. Hull, Maroney, Crowley & Bankston, Richardson & Hull, L.L.P., Austin, for Appellee.

Before the court en banc.

CARROLL, Chief Justice.

Pursuant to Rule 79 of the Texas Rules of Appellate Procedure, this Court, on its own motion, elected to resubmit this case en banc. Tex.R.App.P. 79.

Appellants, Richard Montgomery, Shirley Montgomery, and their daughter Stacy Montgomery ("the Montgomerys"), appeal an order granting summary judgment in favor of appellee Blue Cross and Blue Shield of Texas, Inc. ("Blue Cross") and denying their motion for partial summary judgment. We...

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