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VARIETY CHILDREN'S HOSPITAL v. CENTURY MEDICAL HEALTH PLAN

No. 94-4553.

57 F.3d 1040 (1995)

VARIETY CHILDREN'S HOSPITAL, INC., a Non-profit Organization d/b/a Miami Children's Hospital, Plaintiff-Appellant, v. CENTURY MEDICAL HEALTH PLAN, INC., a Domestic Health Maintenance Organization, Defendant-Appellee, Wigberto Rios, an Individual, Patrica Rios, an Individual, as Parents and Natural Guardians of the Minor Child, Juan Carlos Rios, Deceased, Defendants.

United States Court of Appeals, Eleventh Circuit.

July 12, 1995.

Attorney(s) appearing for the Case

Michael R. Presley, Coral Gables, FL, for appellant.

Ralph O. Anderson, Miami, FL, for appellee.

Before COX, Circuit Judge, HILL and GARZA, Senior Circuit Judges.

HILL, Senior Circuit Judge:

Variety Children's Hospital, Inc. ("Variety") brought a four count complaint against Century Medical Health Plan, Inc., a Domestic Health Maintenance Organization ("Century") seeking recovery of the cost of medical services provided to a patient. Count I alleges a violation of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 ("ERISA"); Counts II and III allege fraud, misrepresentation, and unfair claim settlement...

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