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HICKMAN v. GEM INS. CO.

No. 00-4082.

299 F.3d 1208 (2002)

Irene HICKMAN, and the class of similarly situated persons, Plaintiffs-Appellants, v. GEM INSURANCE COMPANY, Inc., a Utah corporation, formerly known as Gem State Mutual of Utah, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 13, 2002.

Attorney(s) appearing for the Case

Brian S. King, (Marcie E. Schaap and Nicole T. Durrant of King, Burke & Schaap, P.C., Salt Lake City, Utah, with him on the brief), for Plaintiffs-Appellants.

David M. Connors, (Bret F. Randall and Michael T. Hoppe of LeBoeuf, Lamb, Greene & MacRae, L.L.P., Salt Lake City, Utah and Kevin J. Fife of Olson & Hoggan, Logan, Utah, with him on the brief), for Defendant-Appellee.

Before EBEL, Circuit Judge, McWILLIAMS Senior Circuit Judge, and BROWN, Senior District Judge.

BROWN, Senior District Judge.

The class action plaintiffs in this case brought their claims under the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 through 1461.1 They alleged that their medical benefits insurer, defendant Gem Insurance Company, had wrongfully refused to fully pay certain hospital room and board charges. Specifically, plaintiffs...

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