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HAMMACK v. BAROID CORP.

No. 97-40632.

142 F.3d 266 (1998)

Joe HAMMACK; Ann Hammack, Plaintiffs, Joe Hammack, Plaintiff-Appellant, v. BAROID CORPORATION, formerly doing business as N L Industries, Incorporated; The Pension And Employee Benefits Committee Of N L Industries, Incorporated, Defendants, Baroid Corporation, formerly doing business as N L Industries, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 1998.

Attorney(s) appearing for the Case

Oscar Freer Jones, III, Victoria, TX, for Plaintiff-Appellant.

Jack Gardiner Carnegie, Emil T. Bayko, Bayko, Gibson, Carnegie, Hagan, Schoonmaker & Meyer, Houston, TX, for Defendant-Appellee.

Before KING, SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

In this case arising under the Employment Retirement Income Security Act ("ERISA") of 1974, 29 U.S.C. § 1001 et seq., Joe Hammack sued Baroid Corporation, demanding coverage under the company's health plan for his wife's hospital bills. The district court concluded that the Medicare as Secondary Payer ("MSP") statute, 42 U.S.C. § 1395y(b), does not apply and awarded Hammack $124, a fraction of what he had sought. Finding...

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