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HEALTHSOUTH REHABILITATION HOSP. v. NAT. RED CROSS

No. 95-2645.

101 F.3d 1005 (1996)

HEALTHSOUTH REHABILITATION HOSPITAL, Plaintiff-Appellant, v. AMERICAN NATIONAL RED CROSS, d/b/a American Red Cross South Carolina Blood Services Region, Defendant-Appellee, and Aetna Insurance Company of America; Alberta Shaw; Derrick Wagner, individually and as Parents and Natural Guardians of Eric Shaw, a Minor under the age of Eighteen (18) Years, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Annette Roney Drachman, Laddaga, Crout & Drachman, P.A., Charleston, SC, for Plaintiff-Appellant. Daniel J. Westbrook, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, SC, for Defendant-Appellee. ON BRIEF: Linda C. Garrett, Laddaga, Crout & Drachman, P.A., Charleston, SC, for Plaintiff-Appellant. Alice V. Harris, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, SC, for Defendant-Appellee.

Before ERVIN and HAMILTON, Circuit Judges, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge ERVIN and Judge SPENCER joined.

OPINION

HAMILTON, Circuit Judge:

This is a suit for damages filed by HealthSouth Rehabilitation Hospital (HealthSouth) pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§ 1001-1461 (West Supp.1995). The sole remaining defendant in this case is the American National Red Cross, South Carolina...

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