GINGER OLDHAM V BLUE CROSS & BLUE SHIELD

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STATE OF MICHIGAN COURT OF APPEALS GINGER OLDHAM, UNPUBLISHED March 5, 2002 Plaintiff-Appellee/Cross-Appellant, v No. 196747 Wayne Circuit Court LC No. 94-407474-NO BLUE CROSS AND BLUE SHIELD OF MICHIGAN and DAVID BARTHEL, Defendants-Appellants/CrossAppellees. ON REMAND Before: Holbrook, Jr., P.J., and Markey and Whitbeck, JJ. MARKEY, J. (concurring). I concur with Judge Whitbeck’s opinion because I believe he has correctly applied the law to the facts of this case. I do so, however, very reluctantly and because I am obliged to. But, in fact, I think that Judge Holbrook has succinctly and precisely articulated the same concerns I have as to the status of the law on this issue, and I hope that our Supreme Court soon revisits its position. /s/ Jane E. Markey -1-

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