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LIBBEY-OWENS-FORD CO. v. BLUE CROSS & BLUE SHIELD MUTUAL OF OHIO

No. 92-3129.

982 F.2d 1031 (1993)

LIBBEY-OWENS-FORD COMPANY, as Administrator of the Group Health Insurance Plan, Plaintiff-Appellant/Third-Party Defendant, v. BLUE CROSS AND BLUE SHIELD MUTUAL OF OHIO, Defendant-Appellee/Third-Party Plaintiff, Trinova Corporation, as Administrator of the Group Health Insurance Plan, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 13, 1993.

Rehearing Denied February 1, 1993.

Order on Motion for Rehearing February 23, 1993.

Attorney(s) appearing for the Case

Sue A. Sikkema (briefed), Thomas S. Zaremba (argued), Fuller & Henry, Toledo, OH, for plaintiff-appellant.

John R. Climaco (argued), John A. Peca, Jr., Daina B. Van Dervort (briefed), Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Cleveland, OH, for defendant-appellee.

Joseph P. Thacker, Cooper, Straub, Walinski & Cramer, Toledo, OH, Peter C. John, Phelan, Pope & John, Chicago, IL, for third-party defendant-appellee.

Before: KENNEDY, MARTIN, and SUHRHEINRICH, Circuit Judges.

Order on Motion for Rehearing En Banc February 23, 1993.

BOYCE F. MARTIN, JR., Circuit Judge.

Libbey-Owens-Ford Co. has sought an accounting and restitution from Blue Cross and Blue Shield Mutual of Ohio under the Employment Retirement and Income Security Act, 29 U.S.C. § 1101 et seq., for rebates paid by others and for nursing home claims improperly paid by Blue Cross. Libbey-Owens-Ford appeals a pre-trial dismissal order that it had solicited...

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