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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JUAN VANEGAS, * * Plaintiff, * * v. * * BOARD OF THE TRUSTEES OF THE * HEALTH AND WELFARE FUND * FOR THE INTERNATIONAL UNION * OF OPERATING ENGINEERS, * LOCAL 99 AND 99A, * * and * * GROUP HOSPITALIZATION AND * MEDICAL SERVICES, INC. * T/A CAREFIRST BLUECROSS * BLUESHIELD * * Defendants. * ***** ORDER

Civil No. JFM 07-52

For the reasons stated in the accompanying Opinion and in the Opinion issued on November 20, 2007, it is, this 19th day of May 2008 ORDERED 1. The rulings made in the order entered by this court on November 20, 2007 are incorporated by reference herein; 2. The motion for summary judgment filed by plaintiff as to his claim against Group Hospitalization and Medical Services, Inc. T/A Carefirst BlueCross BlueShield ("CareFirst") is granted; 3. The motion for summary judgment filed by CareFirst is denied;

4. Judgment is entered in favor of the Board of the Trustees of the Health and Welfare Fund for the International Union of Operating Engineers, Local 99 and 99A against plaintiff; and 5. Judgment is entered in favor of plaintiff against CareFirst.

/s/ J. Frederick Motz United States District Judge



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