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LUPTON v. BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA

No. 413P00.

546 S.E.2d 105 (2000)

353 N.C. 266

Bradshaw B. LUPTON, individually and on behalf of all persons similarly situated, Plaintiff v. BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA, a non-profit Corporation, Defendant and Michael F. Easley, Attorney General, on behalf of the rights and Interests of the Public, Defendant-Intervenor Roland Giduz, individually and on behalf of all persons similarly situated, Plaintiff v. Blue Cross and Blue Shield of North Carolina, a non-profit Corporation, Defendant and Michael F. Easley, Attorney General, on behalf of the rights and Interests of the public.

Supreme Court of North Carolina.

December 20, 2000.

Attorney(s) appearing for the Case

Marvin Schiller, Raleigh, for Lupton, Giduz, Others similarly situated.

M. Keith Kapp, Kevin W. Benedict, Raleigh, Robin L. Hinson, A. Ward McKeithen, Frank E. Emory, Charlotte, for Blue Cross and Blue Shield of North Carolina.

Prior report: 139 N.C. App. 421, 533 S.E.2d 270.

ORDER

Upon consideration of the petition filed by Plaintiffs (Lupton and Giduz, and all persons similarly situated) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

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