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AETNA LIFE INS. CO. v. BAYONA

No. 99-55035.

223 F.3d 1030 (2000)

AETNA LIFE INSURANCE COMPANY, Plaintiff/Counter-Defendant, Appellee, v. Rey L. BAYONA, Defendant, The Hospital of Good Samaritan; The Hospital of the Good Samaritan Bene-Flex Plan, Counter-Defendants, Emilita Castro, Defendant/Counter-Claimant, Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 3, 2000

Resubmitted July 21, 2000

Filed September 8, 2000

As Amended on Denial of Rehearing and Suggestion for Rehearing November 3, 2000.

Attorney(s) appearing for the Case

Ronald C. Lapekas, Glendale, CA, for defendant-counter-claimant-appellant.

Jennifer L. Kurzon, Galton & Helm, Los Angeles, CA, for plaintiff-counter-defendant-appellee.

Before: JAMES R. BROWNING, NOONAN, and SILVERMAN, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc November 3, 2000.*

SILVERMAN, Circuit Judge:

We hold today that a plan fiduciary may file an interpleader action under ERISA in an appropriate case.

Appellant Emelita Castro appeals the district court's grant of appellee Aetna Life Insurance Company's motion for interpleader discharge, and the district court's dismissal of her counterclaims against Aetna...

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