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KY. LABORERS DIST. COUNCIL HEALTH & WEL. v. HOPE

No. 87-6311.

861 F.2d 1003 (1988)

KENTUCKY LABORERS DISTRICT COUNCIL HEALTH and WELFARE FUND, Plaintiff-Appellant, v. Bobby L. HOPE, Jr. and Verna Denise Chambers, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 25, 1988.

Attorney(s) appearing for the Case

Charles R. Isenberg, Segal, Isenberg, Sales, Stewart and Cutler, Louisville, Ky., James E. Isenberg, Thomas J. Schulz, argued, for plaintiff-appellant.

David Yewell, Rummage, Kamuf, Yewell and Pace, Owensboro, Ky., David C. Condon, argued, for defendants-appellees.

Before KENNEDY, KRUPANSKY and BOGGS, Circuit Judges.

KENNEDY, Circuit Judge.

Plaintiff-appellant, Kentucky Laborers District Council Health and Welfare Fund, an ERISA-governed health and welfare plan, brought this action against defendants-appellees to recover benefits allegedly paid in violation of the plan. Defendant Hope allegedly had submitted claim forms for defendant Verna Denise Chambers which falsely stated that she was still his wife. The District Court dismissed the action sua sponte, holding that it...

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