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BOLLMAN HAT CO. v. ROOT

No. 96-1191.

112 F.3d 113 (1997)

BOLLMAN HAT COMPANY v. Kevin T. ROOT; Dale E. Anstine, P.C. Bollman Hat Company, as sponsor of the Bollman Hat Company Health and Welfare Benefits Plan, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 18, 1997.

Sur Petition for Rehearing May 15, 1997.

Attorney(s) appearing for the Case

J. Freedley Hunsicker, Jr. (Argued), Susan M. Roche, Drinker, Biddle & Reath, Philadelphia, Pennsylvania, for Appellant.

Thomas P. Lang (Argued), Law Offices of Dale E. Anstine, P.C., York, Pennsylvania, Wayne C. Parsil, Law Offices of Dale E. Anstine, P.C., Lancaster, Pennsylvania, for Appellees Kevin T. Root and Dale E. Anstine, P.C.

Joseph M. Melillo, Angino & Rovner, Harrisburg, Pennsylvania, for Amicus Curiae Appellee, Pennsylvania Trial Lawyers Association.

Before SLOVITER, Chief Judge, GREENBERG and SCIRICA, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal involves an ERISA plan's subrogation rights, specifically whether a plan must contribute to the legal expenses of a plan participant's recovery against a third party. We addressed this issue in Ryan by Capria-Ryan v. Fed. Express Corp., 78 F.3d 123 (3d Cir.1996), decided after the district court here rendered judgment. In this appeal we are asked to distinguish...

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