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SIMKINS v. NEVADACARE, INC.

No. 99-16844

229 F.3d 729 (2000)

Ruby SIMKINS; M&K Enterprises, Plaintiffs-Appellants, v. NEVADACARE, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2000

As Amended October 31, 2000

Attorney(s) appearing for the Case

Edgar Carranza, Backus & Delikanakis, Las Vegas, Nevada, for the plaintiffs-appellants.

Constance L. Akridge, Wadhams & Akridge, P.C., Las Vegas, Nevada, for the defendant-appellee.

Before: Mary M. Schroeder, Michael Daly Hawkins and Raymond C. Fisher, Circuit Judges.

Argued and Submitted June 14, 2000 — San Francisco, California

FISHER, Circuit Judge:

In this appeal, we must determine what forms of treatment a woman recovering from breast cancer would have understood her health insurance plan to cover if her cancer reappeared — specifically, whether it would cover high dose chemotherapy with peripheral stem cell rescue ("HDC/PSCR"). Does NevadaCare's Plan, which includes coverage for chemotherapy and blood...

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