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CAGLE v. BRUNER

No. 95-3659.

112 F.3d 1510 (1997)

Doug CAGLE, Adrian A. DeVogel, Guy Dickenson, Don Hopkins, Henry Jenkins, Lenore Miller, as Trustees and Fiduciaries of the Retail, Wholesale and Department Store International Union and Industry Health and Benefit Fund, Plaintiffs-Counter-Defendants-Appellants, v. Nancy M. BRUNER, Defendant-Counter-Claimant-Cross-Defendant-Appellee, Memorial Hospital Jacksonville, Inc., Defendant-Counter-Claimant-Cross Claimant-Third Party Plaintiff-Appellee, University Medical Center, Inc., Movant-Appellee, Cobbie L. Bruner, Sr., Third Party Defendant.

United States Court of Appeals, Eleventh Circuit.

May 22, 1997.

Attorney(s) appearing for the Case

Cindy A. Laquidara, Kenneth B. Jacobs, Jacksonville, FL, Eugene S. Friedman, Bruce S. Levine, Friedman & Levine, New York City, for Plaintiffs-Counter-Defendants-Appellants.

John F. Fannin, Fannin Tyler & Hamilton, P.A., Jacksonville, FL, for Bruner.

Alan M. Fisher, Wendy Ennis-Volcy, Jay M. Levy, Miami, FL, for Memorial Hospital Jacksonville, Inc. et al.

Before TJOFLAT, DUBINA and CARNES, Circuit Judges.

PER CURIAM:

In this appeal, we decide three issues relating to the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 ("ERISA"). First, we consider whether a plan beneficiary's assignment of the right to payment of ERISA benefits to a health care provider gives the health care provider standing to sue the plan. We hold that it does, at least where the plan does not forbid such an assignment.

Second, we consider whether an ERISA plan...

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