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CARL v. STATE

No. COA07-1288.

665 S.E.2d 787 (2008)

Linda CARL and Charles R. Eilber, individually and on behalf of all others similarly situated, Plaintiffs, v. The STATE of North Carolina, the N.C. Teachers' and State Employees' Comprehensive Major Medical Plan, a/k/a The State Health Plan, and MedAmerica Insurance Co., Defendants.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Buren R. Shields, III and Assistant Attorney General Thomas M. Woodward, for the State-Defendants-Appellants.

Billet and Connor, P.C., by J. Martin Futrell, Philadelphia, PA; Twiggs, Beskind, Strickland & Rabenau, P.A., by Donald H. Beskind, Raleigh; and Marcus Auerback & Zylstra, L.L.C., by Jerome M. Marcus and Jonathan Auerbach, Wyncote, P.A., for Plaintiffs-Appellees.

Poyner & Spruill, L.L.P., by Edwin M. Speas, Jr., David Dreifus, and Thomas K. Lindgren, Raleigh, for Defendant/Crossclaim-Plaintiff-Appellee.

STEPHENS, Judge.

I. Procedure

The State of North Carolina, through the North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan, a/k/a The State Health Plan ("SHP") (collectively the "State"), offered certain current and retired North Carolina employees Long Term Care ("LTC") Benefits under a contract of insurance with MedAmerica Insurance Company ("MedAmerica"). Plaintiffs are two North Carolina State employees who seek to represent...

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