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FALLICK v. NATIONWIDE MUT. INS. CO.

No. 97-3939.

162 F.3d 410 (1998)

Arthur FALLICK, Plaintiff-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY; Nationwide Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Roger W. Van Deusen (briefed), Gaines & Stern, Cleveland, Ohio; Melvyn I. Weiss (briefed), Aaron W. Tandy (briefed), Brad N. Friedman (argued and briefed), Milberg, Weiss, Bershad, Hynes & Lerach, New York City, for Plaintiff-Appellant.

Anne M. Sferra (briefed), Randolph Carson Wiseman (briefed), Diane R. Brey (argued and briefed), Bricker & Eckler, Columbus, Ohio, for Defendants-Appellees.

Before: MERRITT, SILER, and GILMAN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Plaintiff-Appellant Arthur Fallick has been an employee of Nationwide Mutual Insurance Company, a subsidiary of Nationwide Life Insurance Company, for more than 25 years. As a Nationwide employee, Fallick was and is both a "participant" and a "beneficiary" of the Nationwide Insurance Companies and Affiliates Employee Health Care Plan, an employee medical benefit plan governed by the Employment Retirement Income Security Act...

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