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I.V. SERV. v. TRUSTEES OF AM. CONSULTING ENGINEERS

Nos. 797, 1430, Dockets 96-9560, 97-7770.

136 F.3d 114 (1998)

I.V. SERVICES OF AMERICA, INC., Plaintiff-Appellant, v. TRUSTEES OF the AMERICAN CONSULTING ENGINEERS COUNCIL INSURANCE TRUST FUND; Felker Benefit Services, a Division of Kirke-Van Orsdel, Inc.; and Metropolitan Life Insurance Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 20, 1998.

Attorney(s) appearing for the Case

Francis A. Miniter, Minter & Assocs., Hartford, CT (Daniel S. Fabricant, Joseph D. Uradnik, of counsel), for Plaintiff-Appellant.

Allan M. Marcus, New York City (Thomas F. Maxwell, Jr., Matthew M. Hausman, Marsh, Day & Calhoun, Southport, CT, of counsel), for Defendants-Appellees.

Before FEINBERG, OAKES, and CALABRESI, JJ.

CALABRESI, Circuit Judge:

This case involves the interpretation of a provision of a group health/life insurance plan ("Plan") governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. Under the Plan, drugs provided for home health care are covered only if they "are approved by the United States Food and Drug Administration for general use in treating the injury or illness for which they are prescribed." The plaintiff...

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