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PERRY v. UNITED FOOD AND COM. DIST. UNION

Nos. 94-5657, 94-5877.

64 F.3d 238 (1995)

Stephen PERRY, Executor for the Estate of Harold L. Perry, Plaintiff-Appellee, v. UNITED FOOD AND COMMERCIAL WORKERS DISTRICT UNIONS 405 AND 442 and Retail Food Employers Health and Welfare Trust Fund, Defendant-Appellant, Louis W. Sullivan, M.D., Secretary of Health and Human Services; Vanderbilt University Medical Center, Defendants, Metropolitan Life Insurance Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1995.

Attorney(s) appearing for the Case

Sabin R. Thompson (argued and briefed), Williams & Prochaska, Nashville, TN, for plaintiff-appellee.

Joseph Trovato, New York City, John J. Heflin, Rickey, Bourland, Heflin & Alvarez, Memphis, TN, for defendant-appellee.

L. Webb Campbell, II, Sherrard & Roe, Nashville, TN, Randall A. Constantine (argued and briefed), Amy L. Lloyd (briefed), Elrod & Thompson, Atlanta, GA, for defendant-appellant.

Before: LIVELY, MARTIN, and SUHRHEINRICH, Circuit Judges.

LIVELY, Circuit Judge.

This contract action for recovery of medical expenses incurred by a decedent was removed to federal district court as one arising under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (1988) (ERISA) and the Medicare Secondary Payer statute, 42 U.S.C. § 1395y (1988 & Supp. V 1993) (MSP). The district court, after determining that the defendant-appellant breached its contract with the plaintiff's decedent...

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