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CHILDREN'S HOSP. v. WHITCOMB

No. 85-3109.

778 F.2d 239 (1985)

CHILDREN'S HOSPITAL, Plaintiff-Appellee, v. Sandra WHITCOMB, Individually and As Administratrix of the Estate of Her Minor Son Darren Whitcomb, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1985.

Attorney(s) appearing for the Case

Henican, James & Cleveland, Robert Angelle, Metairie, La., for defendant-appellant.

Chaffe, McCall, Phillips, Toler & Sarpy, James A. Babst, Eleanor Lasky, New Orleans, La., for plaintiff-appellee.

Before REAVLEY, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

OPINION

JERRE S. WILLIAMS, Circuit Judge:

Appellee, Children's Hospital, sued for a declaratory judgment with respect to the meaning and application of the provisions of its self-insured Employee Welfare Benefit Plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Appellant, Sandra Whitcomb, and her minor son, Darren Whitcomb, were members and participants in the Plan when Darren Whitcomb was treated in DePaul Hospital...

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