NORTHLAKE REGIONAL MEDICAL CENTER v. WAFFLE HOUSE SYSTEM EMPLOYEE BENEFIT PLAN

No. 97-9371.

160 F.3d 1301 (1998)

NORTHLAKE REGIONAL MEDICAL CENTER, Plaintiff-Appellant, v. WAFFLE HOUSE SYSTEM EMPLOYEE BENEFIT PLAN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 16, 1998.


Attorney(s) appearing for the Case

John Allen Swann, Freisem, Macon, Swann & Malone, Atlanta, GA, for Plaintiff-Appellant.

Susan A. Dewberry, Swift, Currie, McGhee & Hiers, Atlanta, GA, for Defendant-Appellee.

Before BLACK and CARNES, Circuit Judges, and FAY, Senior Circuit Judge.


BLACK, Circuit Judge:

Appellant Northlake Regional Medical Center (Northlake) appeals the district court's order granting summary judgment in favor of Appellee Waffle House System Employee Benefit Plan (the Plan) on Northlake's claim under section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B), to recover benefits. The district court ruled that Northlake's claim was time-barred by the Plan's 90-day limitations...

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