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HEALTH COST CONTROLS v. ISBELL

No. 96-5814.

139 F.3d 1070 (1997)

HEALTH COST CONTROLS, Plaintiff-Appellee, v. Ralph ISBELL, Father and Next Friend of Tammy Isbell, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 6, 1997.

Attorney(s) appearing for the Case

David A. Belofsky (argued and briefed), James J. Merriman (briefed), David A. Belofsky & Associates, Chicago, IL, for Plaintiff-Appellee.

Lee L. Coleman (briefed), Cynthia W. Crocker (argued and briefed), Hughes & Coleman, Bowling Green, KY, for Defendant-Appellant.

Before: SUHRHEINRICH and MOORE, Circuit Judges; BELL, District Judge.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant-Appellant, Ralph Isbell, appeals the grant of summary judgment for Plaintiff Health Cost Controls ("HCC"), the legal agent of an ERISA plan (the "Plan") administrator. HCC sued Isbell for reimbursement of medical benefits the Plan provided for Isbell's dependent daughter, a Plan beneficiary, after she recovered from a third party tortfeasor for her injuries. Isbell asserted an offset to the reimbursement for...

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