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RABALAIS v. HEALTH SERVICE & INDEMNITY CO.

No. 95-CA-545.

671 So.2d 7 (1996)

Judith RABALAIS v. LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY d/b/a Blue Cross and Blue Shield of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

February 14, 1996.

Attorney(s) appearing for the Case

J. Keith Hardie, Jr., New Orleans, for plaintiff/appellant.

Alanna S. Arnold, James K. Irvin, New Orleans, for defendant/appellee.

Before BOWES, DUFRESNE and CANNELLA, JJ.

CANNELLA, Judge.

Plaintiff, Judith Rabalais, appeals from a summary judgment in favor of defendant, Louisiana Health Service and Indemnity Company d/b/a/ Blue Cross and Blue Shield of Louisiana (Blue Cross). For the reasons which follow, we reverse and remand.

Most of the facts are not in dispute. On August 5, 1992, plaintiff was seen at the emergency room of East Jefferson General Hospital with pain in the upper right...

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