NATIONAL COMPANIES HEALTH P. v. ST. JOSEPH'S HOSP.

No. 89-8932.

929 F.2d 1558 (1991)

NATIONAL COMPANIES HEALTH BENEFIT PLAN, Trust Agreement for the National Companies Health Benefit Plan, Alfred A. Davis, in his capacity as Trustee, Michael C. Carlos, in his capacity as Trustee, Plaintiffs-Counterclaim defendants-Appellants, v. ST. JOSEPH'S HOSPITAL OF ATLANTA, INC., Defendant-Crossclaim defendant-Appellee, Medical and Dental Plan, for employees of St. Joseph's Hospital of Atlanta, Inc., Defendant-Crossclaim defendant-Counterclaim plaintiff-Crossclaim plaintiff-Appellee, Robert S. Hersh, Janet Hersh, individually and in their capacities as parents and legal guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh, Defendants-Counterclaim plaintiffs-Crossclaim plaintiffs-Crossclaim defendants-Appellees. Robert S. HERSH, Janet Hersh, individually and in their capacities as parents and legal guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh, Plaintiffs-Appellees, v. NATIONAL DISTRIBUTING COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 30, 1991.


Attorney(s) appearing for the Case

William H. Kitchens, Debra G. Buster, Arnall Golden & Gregory, Atlanta, Ga., for National Distributing Co.

Frederick L. Warren, William K. Carmichael, Stokes Lazarus & Carmichael, Atlanta, Ga., for Hersh.

William A. Clineburg, Jr., Michael E. Ross, King & Spalding, Atlanta, Ga., for St. Joseph's.

Before TJOFLAT, Chief Judge, FAY, Circuit Judge, and HOFFMAN, Senior District Judge.


TJOFLAT, Chief Judge:

This appeal involves the continuation coverage provisions of the Employee Retirement Income Security Act of 1974 (ERISA)1 and the principle of equitable estoppel. Robert Hersh, following his resignation from the National Distributing Company (NDC), elected to continue receiving group health coverage under NDC's ERISA plan; Mr. Hersh, before and after his resignation, was also covered under the ERISA group health plan...

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