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COHEN v. EMPIRE BLUE CROSS AND BLUE SHIELD

Docket No. 97-7005.

176 F.3d 35 (1999)

Toby COHEN, Plaintiff-Appellant, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Lori B. Leskin, New York, New York (John J.P. Howley, Kaye, Scholer, Fierman, Hays & Handler, New York, New York, on the brief), for Plaintiff-Appellant.

Jeffrey D. Chansler, New York, New York (Richard Juzumas, New York, New York, on the brief), for Defendant-Appellee.

Lorraine S. Novinski, Assistant United States Attorney, New York, New York (Mary Jo White, United States Attorney for the Southern District of New York, Gideon A. Schor, Assistant United States Attorney, New York, New York, on the brief), for Amicus Curiae United States in support of Appellee.

Before: KEARSE, WALKER, and STRAUB, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Toby Cohen appeals from a judgment entered in the United States District Court for the Southern District of New York, Allen G. Schwartz, Judge, dismissing her complaint alleging that defendant Empire Blue Cross and Blue Shield ("Empire") failed, in its capacity as a fiscal intermediary for Medicare, to pay Cohen's Medicare claims, and that Empire failed to process claims properly in its capacity as her private insurer. The district...

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