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BLUE CROSS AND BLUE SHIELD OF ALABAMA v. WEITZ

No. 89-7004.

913 F.2d 1544 (1990)

BLUE CROSS AND BLUE SHIELD OF ALABAMA; South Central Bell Medical Expense Plan, South Central Bell Telephone Company, Plaintiffs-Appellees, v. Lawrence J. WEITZ, Defendant-Appellant, Norma Redinger, in her capacity as Executrix of the Estate of Kathleen M. DePierri and in her individual capacity, Defendant.

United States Court of Appeals, Eleventh Circuit.

October 10, 1990.

Attorney(s) appearing for the Case

Richard Sterling Maxwell, Nashville, Tenn., for defendant-appellant.

Lawrence B. Clark, Duncan B. Blair, Timothy A. Palmer, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for plaintiffs-appellees.

Before JOHNSON and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

PECKHAM, Senior District Judge:

Defendant Dr. Lawrence J. Weitz appeals from a grant of summary judgment in plaintiffs' favor in an action to recover payments improperly made by the South Central Bell Medical Expense Plan to Dr. Weitz. As a threshold matter, Weitz contends that the district court lacked subject matter jurisdiction pursuant to section 502 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132.1

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