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PROVIDENT LIFE & ACC. INS. CO. v. WALLER

Nos. 89-2123, 89-2124.

906 F.2d 985 (1990)

PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff-Appellant, v. Mary J. WALLER, Defendant-Appellee. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff-Appellee, v. Mary J. WALLER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1990.

As Amended July 10, 1990.

Attorney(s) appearing for the Case

William Hitchcock Lindsey, Bounds & Dorsey, P.C., Roanoke, Va., for plaintiff-appellant.

W. Carrington Thompson, Chatham, Va. (Thomas L. Phillips, Phillips, Phillips & Phillips, Rustburg, Va., on brief), for defendant-appellee.

Before MURNAGHAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

MURNAGHAN, Circuit Judge:

We are presented with several difficult questions regarding the scope of the Employee Retirement Income Security Act of 1974 ("ERISA") and the power of the federal courts to fill in the interstices of this comprehensive and labyrinthine statute. Specifically, we address whether the Provident Life & Accident Insurance Co. ("Provident") may recover monies advanced to one of its plan participants, Mary J. Waller, after she was injured in...

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