Legal Opinion

Virginia Burgin Joseph K. Burgin v. Office of Personnel Management, and Healthplus, Incorporated

Court of Appeals for the Fourth Circuit

Decided August 7, 1997No. 96-1289PublishedCited by 27 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Chief Judge STAMP joined.

OPINION

NIEMEYER, Circuit Judge:

We must determine in this case whether the United States Office of Personnel Management (“OPM”) acted arbitrarily, in abuse of its discretion, or otherwise not in accordance with law in affirming the denial of health insurance coverage to a federal employee. The employee claimed coverage for his wife under a health plan that HealthPlus, Inc. issued pursuant to a contract with OPM to provide insurance in accordance with the Federal…

2Cases cited8 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
  3. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  4. John Doe Firm Doe v. Group Hospitalization & Medical Services, D/B/A Blue Cross and Blue Shield of the National Capital AreaCourt of Appeals for the Fourth Circuit · 1993
  5. Texas Gas Transmission Corp. v. Shell Oil Co.Supreme Court of the United States · 1960

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3Cited by27 opinions

  1. Transitional Learning Community at Galveston, Inc. v. United States Office of Personnel ManagementCourt of Appeals for the Fifth Circuit · 2000
  2. West Virginia Highlands Conservancy, Incorporated National Wildlife Federation v. Gale A. Norton, Secretary of the InteriorCourt of Appeals for the Fourth Circuit · 2003
  3. Weight Loss Healthcare Centers of America, Inc. v. Office of Personnel ManagementCourt of Appeals for the Tenth Circuit · 2011
  4. Comsat Corp. v. National Science FoundationCourt of Appeals for the Fourth Circuit · 1999
  5. Vanderkam v. Pension Benefit Guaranty CorporationDistrict Court, District of Columbia · 2013

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