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FMC MEDICAL PLAN v. OWENS

No. 96-16160.

122 F.3d 1258 (1997)

FMC MEDICAL PLAN; FMC Short-Term Disability Plan; FMC Long-Term Disability Plan, Plaintiffs-Appellees, v. Jeffrey M. OWENS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1997.

Attorney(s) appearing for the Case

Julian C. Smith, Jr., Smith and Harmer, Ltd., Carson City, NV, for defendant-appellant.

Shawn B. Meader, Woodburn & Wedge, Reno, NV, for plaintiffs-appellees.

Before: FARRIS and TASHIMA, Circuit Judges, and STAGG, Senior District Judge.

STAGG, Senior District Judge:

Jeffrey M. Owens ("Owens") appeals the district court's grant of summary judgment in favor of FMC Corporation ("FMC"). The district court determined that it had subject matter jurisdiction under the Employee Retirement Income and Security Act of 1974 ("ERISA"), specifically 29 U.S.C. § 1132(a)(3), to hear FMC's claim for reimbursement. The district court's finding is REVERSED. The remedy sought by FMC is not available under 29 U...

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