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MEMBER SERVICES LIFE INS. v. AMERICAN NAT. BANK

Nos. 96-5122, 96-5183.

130 F.3d 950 (1997)

MEMBER SERVICES LIFE INSURANCE COMPANY, doing business as Member Service Administrators, as Third Party Administrator of the Liberty Glass Company ERISA Qualified Employee Benefit Plan, Plaintiff-Appellee, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF SAPULPA, as guardian of William Brooks Balthis, Debra Leanne Balthis, and David Douglas Balthis, Defendant-Appellant, and E. Terrill Corley, Thomas F. Ganem, Steven R. Clark, Bradford J. Williams, and Walter M. Jones, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 15, 1997.

Attorney(s) appearing for the Case

Sam T. Allen IV, Loeffler, Allen & Ham, Sapulpa, OK (Sam T. Allen III with him on the briefs), for Defendant-Appellant.

E. Terrill Corley, Corley & Ganem, Tulsa, OK (Thomas F. Ganem with him on the brief), for Defendants-Appellees.

Phil R. Richards, Richards, Paul & Richards, Tulsa, OK (Thomas D. Hird with him on the brief), for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, EBEL and BRISCOE, Circuit Judges.

SEYMOUR, Chief Judge.

Member Services Life Insurance Company, doing business as Member Services Administrators (MSA), brought this action under section 502(a)(3) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(3), and federal common law to recover payments it made under an ERISA welfare benefit plan to American National Bank and Trust Company of Sapulpa (ANB), the guardian of minor children who were beneficiaries of the plan. MSA claimed...

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