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REGENTS OF UNIV. OF MICH. v. EMPLOYEES OF AGENCY RENT-A-CAR HOSPITAL ASSOCIATION

No. 96-1329.

122 F.3d 336 (1997)

REGENTS OF THE UNIVERSITY OF MICHIGAN, Plaintiff-Appellee, v. EMPLOYEES OF AGENCY RENT-A-CAR HOSPITAL ASSOCIATION and Agency Rent-A-Car Employees Health Care Plan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1997.

Attorney(s) appearing for the Case

Diana Raimi (argued and on brief), Stein, Moran, Raimi & Goethal, Ann Arbor, MI, L. Stewart Hastings, Hastings & Kerka, Cleveland, OH, for Plaintiff-Appellee.

Kerin Lyn Kaminski, Karen Giffen (argued and briefed), Cavitch, Familo, Durkin & Frutkin, Cleveland, OH, for Defendants-Appellants.

Before: KEITH, BATCHELDER, and DAUGHTREY, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

This action involves the interpretation of a coordination of benefits clause ("COB") contained in an Employee Retirement Income Security Act ("ERISA") health care plan. Defendants, Agency Rent-A-Car Employees Health Care Plan and Employees of Agency Rent-A-Car Hospital Association (hereinafter referred to collectively as "Agency" or defendants) assert that the COB clause in the Agency Plan permits the Plan to refuse to...

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