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McNEIL v. TIME INS. CO.

No. 98-10585.

205 F.3d 179 (2000)

Michael Jay McNEIL, et al., Plaintiffs, Jimmy Wallace McNeil, as Independent Executor and Representative of the Estate of Michael Jay McNeil, Plaintiff-Appellant, v. TIME INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 24, 2000.

Attorney(s) appearing for the Case

Cynthia Anne Leiferman (argued), Austin, TX, Erik Scott Jaffe, Washington, DC, for Plaintiff-Appellant.

Andrew George Jubinsky, Timothy A. Daniels (argued), Figari & Davenport, Dallas, TX, for Defendant-Appellee.

Ronald Lawrence Wilson, New Orleans, LA, for American Civil Liberties Union Foundation, Amicus Curiae.

Matthew A. Coles, American Civil Liberties Union, New York City, for American Civil Liberties Union Foundation, American Civil Liberties Union of Texas and Lambda Legal Defense and Education Fund, Amici Curiae.

James E. Comstock-Galagan, Disability Policy Consortion, Austin, TX, for Disability Policy Consortium, Amicus Curiae.

Gregory Bryan Friel, Jessica Dunsay Silver, U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for United States of America, Amicus Curiae.

Stephanie W. Kanwit, Epstein, Becker & Green, Washington, DC, for Health Insurance Association of America and American Council of Life Insurance, Amici Curiae.

Before REYNALDO G. GARZA, JOLLY and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this case, we are presented difficult questions of statutory interpretation that determine whether the defendant insurance company is liable for more than $400,000 in hospital bills, which the insured, now deceased, incurred as a result of his losing battle with AIDS. In addition to state statutory questions, we must decide whether the Americans with Disabilities Act's ("ADA") anti-discrimination provisions regulate the terms and...

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