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HERMANN HOSP. v. MEBA MEDICAL AND BENEFITS PLAN

No. 91-2120.

959 F.2d 569 (1992)

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

United States Court of Appeals, Fifth Circuit.

April 29, 1992.

Attorney(s) appearing for the Case

Sullins, Johnston, Rohrbach & Magers, Norman Riedmueller, Houston, Tex., for plaintiff-appellant.

Bettina B. Plevan, Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendant-appellee.

Before WILLIAMS and WIENER, Circuit Judges, and LITTLE, District Judge.

WIENER, Circuit Judge:

Hermann Hospital (Hermann) brought suit to recover payment for services it provided to a patient whose husband was a participant in an ERISA-governed welfare benefit plan. Hermann claims entitlement to the payments as an assignee of the covered patient. The district court rendered a take nothing judgment, holding that Hermann did not have standing to bring suit as no valid assignment had occurred. Finding that the district court erred, we reverse...

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