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WAKS v. EMPIRE BLUE CROSS/BLUE SHIELD

No. 99-17437.

263 F.3d 872 (2001)

Barbara WAKS, Plaintiff-Appellant, v. EMPIRE BLUE CROSS/BLUE SHIELD, a New York corporation, and Does 1 through 30, inclusive, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2001.

Attorney(s) appearing for the Case

Steven J. Parsons, Las Vegas, Nevada, for the appellant.

Mark J. Lenz, Bible, Hooy & Trachok, Reno, Nevada, for the appellee.

Before: Robert R. Beezer, Diarmuid F. O'Scannlain and William A. Fletcher, Circuit Judges.

Argued and Submitted April 9, 2001 — San Francisco, California.

WILLIAM A. FLETCHER, Circuit Judge:

Barbara Waks appeals the district court's summary judgment in favor of defendant Empire Blue Cross / Blue Shield ("Empire") in this diversity action. Waks asserts state-law claims based on allegations that Empire improperly refused to make payments under Waks' individual insurance policy. The district court granted summary judgment to Empire on the ground...

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