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HOOPER v. DEMCO, INC.

No. 93-3710.

37 F.3d 287 (1994)

Billy HOOPER, Plaintiff-Appellant, v. DEMCO, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 1994.

Attorney(s) appearing for the Case

Jeffrey Spitzer-Resnick, Madison, WI, Brian Anderson, Willms Anderson, Thiensville, WI, H. Nathan Resnick (argued), West Bloomfield, MI, for plaintiff-appellant.

James R. Cole, Lauri D. Morris (argued), Richard L. Bolton, Stroud, Stroud, Willink, Thompson & Howard, Madison, WI, for defendant-appellee.

Before BAUER, COFFEY and MANION, Circuit Judges.

COFFEY, Circuit Judge.

The plaintiff, Billy Hooper,1 brought an action against his former employer, Demco, Inc. ("Demco"), under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B) and (a)(3), claiming that the health plan administered by Demco had capriciously denied coverage for his HDC-ABMT cancer treatment.2 Shortly after Hooper filed suit against Demco, the parties entered...

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