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SHANNON v. JACK ECKERD CORP.

No. 96-4291.

113 F.3d 208 (1997)

Thomas SHANNON, Plaintiff-Appellee, v. JACK ECKERD CORPORATION, a Delaware Corporation, Defendant-Third Party Plaintiff-Appellant, Cost Care, Inc., a California Corporation, Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

May 29, 1997.

Attorney(s) appearing for the Case

Susan Leslie Dolin, Muchnick Wasserman & Dolin, Hollywood, FL, William G. Liston, Marlow Connell Valerius Abrams & Adler, Miami, FL, for Defendant-Third Party Plaintiff-Appellant.

Arnold R. Ginsberg, Miami, FL, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and RONEY, Senior Circuit Judge.

BARKETT, Circuit Judge:

Thomas Shannon filed this action after Jack Eckerd Corporation denied his request for preauthorization of benefits under an employee group health plan. Eckerd is appealing the district court's judgment awarding Shannon $70,714.35. Eckerd argues on appeal that the district court erred in denying its motion for summary judgment and in finding that the Plan's original denial of benefits was arbitrary and capricious. Eckerd also contends that the...

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