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MITCHELL v. BLUE CROSS BLUE SHIELD OF NORTH DAKOTA

No. 18-2784, No. 18-2890.

953 F.3d 529 (2020)

Ivan MITCHELL; Melissa Mitchell, Plaintiffs-Appellants v. BLUE CROSS BLUE SHIELD OF NORTH DAKOTA; Towner County Medical Center, Defendants-Appellees Secretary of Labor, Amicus on Behalf of Appellant(s) Ivan Mitchell; Melissa Mitchell, Plaintiffs-Appellees v. Blue Cross Blue Shield of North Dakota; Towner County Medical Center, Defendants-Appellants. Secretary of Labor, Amicus on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: March 20, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross-appellees was John J. Conway, III , of Royal Oak, MI. The following attorney(s) appeared on the appellants/cross-appellees brief; John J. Conway, III, of Royal Oak, MI.

Counsel who presented argument on behalf of the appellees/cross-appellants was Thomas M. Christina , of Greenville, SC. The following attorney(s) appeared on the appellees/cross-appellants brief; Thomas M. Christina, of Greenville, SC.

Counsel who presented argument on behalf of the amicus in support of appellants/cross-appellees was Christine Han , of Washington, DC. The following attorney(s) appeared on the amicus brief; Christine Han, of Washington, DC.

Before COLLOTON, BEAM, and KELLY, Circuit Judges.

Appellants Ivan and Melissa Mitchell filed this action under the Employee Retirement Income Security Act of 1974 (ERISA) alleging that Blue Cross Blue Shield of North Dakota (BCBSND) abused its discretion by partially denying their claim for air-ambulance benefits under an employee health plan. The district court granted summary...

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