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BARHAN v. RY-RON INC.

No. 96-20782.

121 F.3d 198 (1997)

Constance J. BARHAN, Plaintiff-Appellant, v. RY-RON INC., et al., Defendants, Charlie Thomas Chevrolet, Inc. & Affiliates Employee Benefit Plan and Allianz Life Insurance Company of North America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 5, 1997.

Attorney(s) appearing for the Case

Michael F. Rafferty, Memphis, TN, for Plaintiff-Appellant.

William Fulton Broemer, Broemer & Associates, Houston, TX, Marta Kaye Hill, Broemer & Weisblatt, Houston, TX, for Charlie Thomas Chevrolet Inc. & Affiliates Employee Benefit Plan, Defendant-Appellee.

Don W. Davis, Dallas, TX, for Allianz Life Ins. Co., of North America, Defendant-Appellee.

Before KING, DAVIS and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Constance Barhan appeals from a district court's summary judgment order denying her insurance benefits under her employer's insurance plan. We affirmed in part, reversed in part and remand.

I.

In late 1992, Barhan was diagnosed with adjuvant breast cancer. Her doctor recommended that she receive high-dose chemotherapy with peripheral stem-cell support (HDCT/PSCS). Her medical provider requested approval of the treatment...

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