DOWNEY COMMUNITY HOSP. v. WILSON

Nos. 91-55171, 91-55792 and 91-55853.

977 F.2d 470 (1992)

DOWNEY COMMUNITY HOSPITAL, a California non-profit corporation, as administrator under the Downey Community Hospital Employee Benefit Plan Trust, Plaintiff-Appellee, v. Barbara WILSON, as parent and guardian ad litem of Thomas and Jerry Wilson, minor plan beneficiaries, et al., Defendant, and American Medical International, Inc.; Marijane Zimmerli, D.O., Defendants-Appellants. DOWNEY COMMUNITY HOSPITAL, a California non-profit corporation, as administrator under the Downey Community Hospital Employee Benefit Plan Trust, Plaintiff-Appellee, v. Barbara WILSON, as parent and guardian ad litem of Thomas and Jerry Wilson, minor plan beneficiaries, et al., Defendant, and American Medical International, Inc.; Marijane Zimmerli, D.O., Defendants-Appellants, v. STERLING INVESTORS LIFE INSURANCE COMPANY; Brougher Insurance Group, Defendants-Counter-Defendant-Appellees. DOWNEY COMMUNITY HOSPITAL, a California non-profit corporation, as administrator under the Downey Community Hospital Employee Benefit Plan Trust, Plaintiff-Appellant, v. Barbara WILSON, as parent and guardian ad litem of Thomas and Jerry Wilson, minor plan beneficiaries, American Medical International, Inc., et al., Defendants, and Marijane Zimmerli, D.O.; Brougher Insurance Company; Sterling Investors Life Insurance Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1992.


Attorney(s) appearing for the Case

Ralph J. Morgan, McDermott & Traynor, Newport Beach, Cal., for plaintiff, appellee and cross-appellant, Downey Community Hosp., etc.

Cynthia L. Zedalis and Eric J. Emanuel, Quinn, Emanuel & Urquhart, Los Angeles, Cal., for defendants, appellants, and cross-appellees, American Medical Intern., Inc. and Marijane Zimmerli, D.O.

Robert Peter Weiss, Los Angeles, Cal., for defendants and appellees, Sterling Investors Life Ins. Co. and Brougher Ins. Group, Inc.

Before: PREGERSON, D.W. NELSON, and WIGGINS, Circuit Judges.


PREGERSON, Circuit Judge:

Appellants and Cross-Appellees American Medical International and Dr. Marijane Zimmerli appeal the district court's order granting declaratory relief in favor of Defendant/Appellees Sterling Investor Life Insurance Group and Plaintiff/Appellee Downey Community Hospital.1 Appellant Del Amo/AMI also appeals the district court's award of attorney's fees to both Downey and to Sterling. Cross-Appellant Downey argues...

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