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BLUE CROSS AND BLUE SHIELD v. HODURSKI

1022154.

899 So.2d 949 (2005)

BLUE CROSS AND BLUE SHIELD OF ALABAMA v. Donald HODURSKI, M.D.; Norman Hobbs; and Samuel Irvine.

Supreme Court of Alabama.

Rehearing Denied October 22, 2004.

Attorney(s) appearing for the Case

Cavender C. Kimble, Leigh Anne Hodge, and Ed R. Haden of Balch & Bingham, LLP, Birmingham; and David R. Boyd and Robin G. Laurie of Balch & Bingham, LLP, Montgomery, for appellant.

David A. Bagwell, Fairhope; George W. Finkbohner III and David G. Wirtes, Jr., of Cunningham, Bounds, Yance, Crowder & Brown, L.L.C., Mobile; and Randall W. Nichols and Richard A. Bearden of Massey, Stotser & Nichols, P.C., Birmingham, for appellees.

LYONS, Justice.

Blue Cross and Blue Shield of Alabama ("BCBS") appeals from a summary judgment entered by the Montgomery Circuit Court in favor of Donald Hodurski, M.D., and two physician assistants, Norman Hobbs and Samuel Irvine (hereinafter collectively referred to as "the providers"). The issue presented is whether a statute included in the Insurance Code, the Physician Assistant Act, codified at § 27-51-1, Ala...

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