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HEALTH COST CONTROLS v. SKINNER

No. 94-1433.

44 F.3d 535 (1995)

HEALTH COST CONTROLS, Plaintiff-Appellant, v. Richard L. SKINNER, Rosalie Skinner, individually and as administrators of the Estate of Sharon Skinner, a minor, Rick A. Mason, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 1995.

Attorney(s) appearing for the Case

David A. Belofsky (argued), James J. Merriman, Belofsky & Associates, Chicago, IL, for plaintiff-appellant.

Thomas A. Thanas (argued), Richard B. Orloff, Scott R. Reich, Mason, Orloff, Reich, Troy & Thanas, Joliet, IL, for Rick A. Mason, Richard L. Skinner, Rosalie Skinner.

Barbara Naretto Petrungaro (argued), Swanson, Martin & Bell, Chicago, IL, David J. Cahill, Swanson, Martin & Bell, Wheaton, IL, for General Cas. Ins. Defendant-Appellee.

Before LAY, BAUER, and WOOD, Jr., Circuit Judges.

LAY, Circuit Judge.

Health Cost Controls ("HCC") commenced this action under section 502(a)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"). It seeks to enforce the terms of an employee benefit plan. The district court dismissed the complaint for lack of subject matter jurisdiction. We reverse and remand for further proceedings.

BACKGROUND

Richard Skinner and his daughter, Sharon Skinner, are participants in an employee welfare...

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