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  5. 938 F.Supp. 1131 (1996)
 

MEDICARE BEN. DEFENSE FUND v. EMPIRE BLUE CROSS

Civil Action No. CV-95-0850 (DGT).

938 F.Supp. 1131 (1996)

MEDICARE BENEFICIARIES' DEFENSE FUND, and Renee Zernay, Albert Klass on Behalf of Hilda Klass, and Gertrude Constantine, Plaintiffs, v. EMPIRE BLUE CROSS BLUE SHIELD, Defendant.

United States District Court, E.D. New York.

August 26, 1996.

Attorney(s) appearing for the Case

Cardozo Bet Tzedek Legal Services, New York City, for Plaintiffs.

Kelley Drye & Warren, New York City, for Defendant.

MEMORANDUM AND ORDER

TRAGER, District Judge:

Plaintiffs are an advocacy organization for Medicare recipients and three elderly persons who are or were at the pertinent time enrolled in group health insurance provided by defendant Empire Blue Cross and Blue Shield as the result of their own or their spouses' employment while they (or their spouse) were working for an employer with twenty or more employees. The individual plaintiffs, Renee Zernay,

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