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LUPTON v. BLUE CROSS AND BLUE SHIELD

No. COA99-1138.

533 S.E.2d 270 (2000)

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, Defendant-Intervenor.

Court of Appeals of North Carolina.

August 1, 2000.

Attorney(s) appearing for the Case

Marvin Schiller and David G. Schiller, Raleigh, for plaintiffs-appellants.

Maupin Taylor & Ellis, P.A., by M. Keith Kapp and Kevin W. Benedict, Raleigh; and Robinson, Bradshaw & Hinson, P.A., by Robin L. Hinson and Frank E. Emory, Jr., Charlotte, for defendant-appellee Blue Cross and Blue Shield of North Carolina.

WALKER, Judge.

On 30 June 1997, plaintiff Roland Giduz filed a class action against defendant Blue Cross and Blue Shield of North Carolina (Blue Cross) alleging, inter alia, violations of N.C. Gen.Stat. § 58-65-95. On 8 May 1998, plaintiff Bradshaw B. Lupton filed a class action against Blue Cross and filed an amended complaint on 28 October 1998, making allegations identical to those of Giduz. Pursuant to Rule 2.1 of the General Rules of Practice for the Superior...

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