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BARNES v. INDEPENDENT AUTO. DEALERS OF CALIFORNIA

No. 93-16049.

64 F.3d 1389 (1995)

Susan M. BARNES, Plaintiff-Appellant, v. INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION OF CALIFORNIA HEALTH AND WELFARE BENEFIT PLAN, and Does 1 through 25, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1995.

Attorney(s) appearing for the Case

Stephen D. Schear, Oakland, CA, for plaintiff-appellant.

William H. Leifer, Wild, Carter, Tipton & Oliver, Fresno, CA, for defendants-appellees.

Before: BOOCHEVER, NORRIS, and HALL, Circuit Judges.

BOOCHEVER, Circuit Judge:

Susan Barnes appeals from the district court's grant of summary judgment in favor of Independent Automobile Dealers Association of California Health & Welfare Benefit Plan ("the Plan"). The district court found that the subrogation clause in the Plan's benefit agreement prevented Barnes from recovering for medical expenses. We conclude that Barnes is entitled to recover for medical expenses and remand for entry of summary judgment in...

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