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McINNIS v. PROVIDENT LIFE & ACC. INS. CO.

No. 93-2003.

21 F.3d 586 (1994)

Jeffrey Charles McINNIS, Administrator of the estate of Lori Smith McInnis, Plaintiff-Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY; Fruit of the Loom, Inc.; Martin Mills, Incorporated, Defendants-Appellees, and Farley Industries; Richmond Apparel, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 12, 1994.

Attorney(s) appearing for the Case

ARGUED: Donald Thomas Bogan, Stern, Graham & Klepfer, Greensboro, NC, for appellant. David Blaine Sanders, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, for appellees. ON BRIEF: David M. Schilli, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, for appellees.

Before NIEMEYER, Circuit Judge, BUTZNER, Senior Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge BUTZNER and Judge ELLIS joined.

OPINION

NIEMEYER, Circuit Judge:

The employee benefit plan sponsored by Fruit of the Loom, Inc., provides medical benefits to employees for injuries caused by third parties, provided that any employee making a claim agrees to reimburse the plan if the employee recovers payment from the third...

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