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HERMANN HOSP. v. MEBA MEDICAL & BENEFITS PLAN

No. 87-2672.

845 F.2d 1286 (1988)

HERMANN HOSPITAL, Plaintiff-Appellant, v. MEBA MEDICAL & BENEFITS PLAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 26, 1988.

Attorney(s) appearing for the Case

Gail Magers, Houston, Tex., for plaintiff-appellant.

Andrew R. Harvin, Houston, Tex., Bettina B. Plevan, Elizabeth A. Alcron, Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendant-appellee.

Before GARWOOD and JONES, Circuit Judges, and FISHER, District Judge.

EDITH H. JONES, Circuit Judge:

This action was brought by Hermann Hospital of Houston, Texas against MEBA pursuant to the Employee Retirement Income Security Act of 1974, § 401 et seq., 29 U.S.C. § 1001 et seq., to recover benefits owed to Patricia Nicholas under the terms of an ERISA-governed welfare benefit plan. Hermann's amended complaint also asserts state common law claims for breach of fiduciary duty, negligence, equitable estoppel,...

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