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LAFOY v. HMO COLORADO

No. 92-1234.

988 F.2d 97 (1993)

Melissa Hurt LAFOY, Plaintiff-Appellant, v. HMO COLORADO, a Colorado corporation; Premier Care, Inc., a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 9, 1993.

Attorney(s) appearing for the Case

Joseph M. Ricci, of Alexander & Ricci, Colorado Springs, CO, for plaintiff-appellant.

Mark A. Fogg and Dean A. McConnell, of Cooper and Kelley, P.C., Denver, CO, for defendant-appellee HMO Colorado.

Before LOGAN and MOORE, Circuit Judges, and LUNGSTRUM, District Judge.

LOGAN, Circuit Judge.

Plaintiff Melissa Hurt Lafoy appeals from the district court's dismissal of her complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failing to state a claim upon which relief can be granted. The issue presented is whether compensatory damages may be recovered by a beneficiary in an action for breach of fiduciary duty under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 (ERISA).1

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