United States Fifth Circuit

In an action brought by a hospital claiming that Blue Cross allegedly misrepresented the level of health care coverage for certain federal employee patients and then refused to pay accordingly, an appeal from a denial of summary judgment for Blue Cross is dismissed for lack of jurisdiction as Blue Cross failed to make a "substantial" claim of immunity.

Appellate Information

• Decided 03/09/2007
• Published 03/12/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• William Richard Thompson, II (argued), Deborah G. Hankinson, Law Offices of Deborah Hankinson, Dallas, TX, Kevin W. Boyd, Austin, TX, for Plaintiff-Appellee., Anthony F. Shelley (argued), Miller & Chevalier, Washington, DC, Michael S. Hull, Andrew Fairles MacRae, Hull, Henricks & MacRae, Austin, TX, for Defendant-Appellant.