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LICKTEIG v. BUSINESS MEN'S ASSUR. CO. OF AMERICA

Nos. 94-3450, 94-3531.

61 F.3d 579 (1995)

Bernard J. LICKTEIG, Plaintiff-Appellee, v. BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA, Defendant-Appellee, Ottawa Truck Corporation, Defendant, Central States, Southeast and Southwest Areas Health & Welfare Fund, Defendant-Appellant, ST. LUKE'S HOSPITAL OF KANSAS CITY, Intervenor-Plaintiff-Appellee, v. Bernard J. LICKTEIG; Business Men's Assurance Company of America, Intervenors-Defendants-Appellees, Central States, Southeast and Southwest Areas Health & Welfare Fund, Intervenor-Defendant-Appellant, Ottawa Truck Corporation, Intervenor-Defendant.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1995.

Attorney(s) appearing for the Case

Francis Joseph Carey, Rosemont, IL, argued, for appellant.

Robert Wilson McKinley, Kansas City, MO, argued (Richard E. McLeod and R. Denise Henning, Kansas City, MO, on the brief for appellee Bernard J. Lickteig; Alan B. Gallas and Paul R. Lamoree, Kansas City, MO, on the brief for appellee St. Luke's Hosp., Kansas City; and Robert W. McKinley and James A. Durbin, Kansas City, MO, on the brief, for appellee Business Men's Assur. Co. of America), for appellees.

Before WOLLMAN, MURPHY, Circuit Judges, and BENNETT, District Judge.

BENNETT, District Judge.

This appeal involves a question of liability for medical expenses under a welfare benefit plan formulated pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. Plaintiff-Appellee Bernard J. Lickteig filed suit to recover benefits pursuant to 29 U.S.C. § 1132. The issue raised in this appeal is which of two health benefits providers is responsible for payment of Lickteig's substantial medical...

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