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MARTIN v. BLUE CROSS & BLUE SHIELD OF VA., INC.

No. 96-1534.

115 F.3d 1201 (1997)

Nancy MARTIN, Plaintiff-Appellee, v. BLUE CROSS & BLUE SHIELD OF VIRGINIA, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1997.

Attorney(s) appearing for the Case

ARGUED: Thomas E. Spahn, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, VA, for Appellant. Richard Dennis Carter, Hudgins, Carter & Coleman, Alexandria, VA, for Appellee. ON BRIEF: Joel H. Trotter, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, Virginia; Jeanette D. Rogers, Litigation Department, Blue Cross & Blue Shield Of Virginia, Richmond, VA, for Appellant. Jacqueline E. Bennett, Mercedes J. Madole, Hudgins, Carter & Coleman, Alexandria, VA, for Appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and DUFFY, United States District Court Judge for the District of South Carolina, sitting by designation.

Reversed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Judge DUFFY joined.

OPINION

WILLIAMS, Circuit Judge:

In this case, we consider Nancy Cornelius Martin's claim under the Employee Retirement Income Security Act (ERISA), 29 U.S.C.A. § 1001-1461 (West 1985 & Supp. 1997), to obtain insurance benefits for the autologous bone marrow transplant procedure she underwent as treatment for her epithelial ovarian...

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