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HILL v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN

No. CIV.03-40025.

299 F.Supp.2d 742 (2003)

John L. HILL, Francine Barnes, Franchot Barnes, Francesca Barnes, and Glory Celestine, Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN, Defendant.

United States District Court, E.D. Michigan, Southern Division.

November 21, 2003.

Attorney(s) appearing for the Case

Elwood S. Simon, Michael G. Wassmann, Lance C. Young, Elwood S. Simon Assoc., Birmingham, MI, for John L. Hill, plaintiff.

G. Christopher Bernard, Detroit, MI, for Blue Cross and Blue Shield of Mich., defendant.

Michael G. Wassmann, Elwood S. Simon Assoc., Birmingham, MI, for Francine Barnes, Franchot Barnes, Francesca Barnes, Glory Celestine, plaintiffs.

OPINION AND ORDER OF DISMISSAL

GADOLA, District Judge.

This civil action is being prosecuted under the Employee Retirement Income Security Act ("ERISA"). Before the Court is Defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure: dismissal for failure to state a claim upon which relief can be granted. The Court held a hearing on this matter on November 5, 2003. For the reasons set forth below, the Court will...

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