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BOOTH v. WAL-MART STORES, INC.

Nos. 98-2326, 98-2348.

201 F.3d 335 (2000)

Barbara A. BOOTH, Plaintiff-Appellee, v. WAL-MART STORES, INCORPORATED ASSOCIATES HEALTH AND WELFARE PLAN, sued as Wal-Mart Stores, Incorporated, Defendant-Appellant. Barbara A. Booth, Plaintiff-Appellant, v. Wal-Mart Stores, Incorporated Associates Health and Welfare Plan, sued as Wal-Mart Stores, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 2000.

Attorney(s) appearing for the Case

ARGUED: Ashley Bryan Abel, Jackson, Lewis, Schnitzler & Krupman, Greenville, South Carolina, for Appellant. John Howard Heard, John H. Heard, P.C., Danville, Virginia, for Appellee. ON BRIEF: Iwana Rademaekers, Jackson, Lewis, Schnitzler & Krupman, Dallas, Texas, for Appellant.

Before MURNAGHAN, NIEMEYER, and TRAXLER, Circuit Judges.

Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Judge TRAXLER joined. Judge MURNAGHAN wrote a concurring opinion.

OPINION

NIEMEYER, Circuit Judge:

After seeking medical care for chest pain in late November 1994, Barbara A. Booth received a left cardiac catheterization with coronary angiography, followed by a coronary angioplasty to clear a 75% blockage in her right coronary artery. She filed a claim for...

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