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BLUE CROSS AND BLUE SHIELD v. CRUZ

No. 03-4170.

396 F.3d 793 (2005)

BLUE CROSS AND BLUE SHIELD OF ILLINOIS, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company; and Blue Cross Blue Shield Association, Plaintiffs-Appellants, v. Julia CRUZ as Representative of Jose S. Cruz, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 2005.

Attorney(s) appearing for the Case

Anthony F. Shelley (argued), Miller & Chevalier, Washington, DC, for Plaintiffs-Appellants.

Clinton A. Krislov, Michael R. Karnuth (argued), Krislov & Associates, Chicago, IL, for Defendant-Appellee.

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

Jose S. Cruz was injured in a car accident. Cruz's insurer, Blue Cross and Blue Shield of Illinois, a division of Health Care Service Corporation ("Blue Cross"), paid for the treatment of his injuries. Cruz was enrolled in Blue Cross's Service Benefit Plan provided for government employees and their dependents under the Federal Employees Health Benefits Act ("FEHBA"). Cruz sued the tortfeasor responsible for his injuries and recovered money in...

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