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MILLER v. UNITED WELFARE FUND

No. 1108, Docket 94-7908.

72 F.3d 1066 (1995)

Goldie MILLER, as Executrix of the Estate of Sarah M. Potok, Plaintiff-Appellee, v. UNITED WELFARE FUND, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 19, 1995.

Attorney(s) appearing for the Case

Stephen H. Kahn, New York City (Opton Handler Gottlieb Feiler Landau & Hirsch), for Defendant-Appellant United Welfare Fund.

Bernard D'Orazio, New York City (Khosrova & D'Orazio), for Plaintiff-Appellee Goldie Miller.

Before: WALKER, JACOBS and CALABRESI, Circuit Judges.

WALKER, Circuit Judge:

Goldie Miller ("Miller") brought suit against the United Welfare Fund (the "Fund") under § 502(a)(1)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), on behalf of her sister, Sarah Potok ("Potok"), to recover medical benefits for private duty nursing care that Potok received following an unusually complex multiple coronary bypass surgery. The district court for the Eastern District of New York...

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