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TURNER v. FALLON COMMUNITY HEALTH PLAN, INC.

No. 97-1253.

127 F.3d 196 (1997)

Ronald J. TURNER, As Administrator of the Estate of Charlotte M. Turner, and Individually, Plaintiff, Appellant, v. FALLON COMMUNITY HEALTH PLAN, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 20, 1997.

Attorney(s) appearing for the Case

Burton Chandler, Worcester, MA, with whom Seder & Chandler was on brief, for appellant.

Daly D.E. Temchine, Washington, DC, with whom Thomas I. Elkind and Epstein Becker & Green, P.C., Boston, MA, were on brief, for appellee.

Before BOUDIN, Circuit Judge, HILL, Senior Circuit Judge, and POLLAK, Senior District Judge.

BOUDIN, Circuit Judge.

Ronald Turner, on behalf of himself and as administrator of the estate of his deceased wife, Charlotte Turner, brought this suit in Massachusetts state court against Fallon Community Health Plan, Inc. ("Fallon"). The gravamen was Fallon's refusal to provide coverage for a treatment regime proposed by Charlotte Turner and her doctor to address her metastasized breast cancer. After the case was removed to federal district court, the district court...

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