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PITMAN v. BLUE CROSS AND BLUE SHIELD OF OKLAHOMA

Nos. 98-5034, 99-5197.

217 F.3d 1291 (2000)

Sharon PITMAN, wife of Gail Pitman, Deceased, Plaintiff-Appellee, v. BLUE CROSS AND BLUE SHIELD OF OKLAHOMA, individually and as Trade Name of Group Health Insurance of Oklahoma, Inc., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 7, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Donald M. Bingham and Karen E. Langdon of Riggs, Abney, Neal, Turpen, Orbison & Lewis, Tulsa, Oklahoma, and Mark E. Schmidtke, of Ebenstein & Schmidtke Consultants, Valparaiso, Indiana, for Defendant-Appellant.

Sandy S. McMath of Sandy S. McMath & Associates, P.A., Little Rock, Arkansas, for Plaintiff-Appellee.

Before BALDOCK, PORFILIO, and EBEL, Circuit Judges.

ORDER

EBEL, Circuit Judge.

This matter is before the court on appellant's petition for rehearing filed June 5, 2000. The petition for rehearing is granted for the sole purpose of deleting footnote eight. The petition is denied in all other respects. A revised opinion is attached to this order.

This appeal arises out of a dispute over the provisions of an employee welfare benefits plan. Insurer Blue Cross & Blue Shield of Oklahoma ("Blue Cross...

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