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SEMTNER v. GROUP HEALTH SERVICE OF OKLAHOMA, INC.

No. 96-6224.

129 F.3d 1390 (1997)

Karl SEMTNER, as father and next friend of Kurt Semtner, a minor, Plaintiff-Appellee, v. GROUP HEALTH SERVICE OF OKLAHOMA, INC., doing business as Blue Cross Blue Shield of Oklahoma, a corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 26, 1997.

Attorney(s) appearing for the Case

Page Dobson, J.R. "Randy" Baker, and David H. Dobson of Holloway, Dobson, Hudson, Bachman, Alden, Jennings & Holloway, Oklahoma City, Oklahoma, for Defendant-Appellant.

Glenn Mullins, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before ANDERSON, LOGAN, and HENRY, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Karl Semtner sought medical benefits under his employer's ERISA governed employee welfare benefit plan for constructive surgery related to his son's cleft palate. The plan was administered by the insurer, defendant Group Health Service of Oklahoma, Inc. d/b/a Blue Cross/Blue Shield of Oklahoma. When the administrator/insurer denied the claim plaintiff filed suit in federal district court, which granted him summary judgment. Defendant...

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