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REYNOLDS METALS CO. v. ELLIS

No. 98-55096.

202 F.3d 1246 (2000)

REYNOLDS METALS CO., Plaintiff-Appellant, v. Robert ELLIS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 2000.

Attorney(s) appearing for the Case

Edward A. Scallet, LeBoeuf, Lamb, Green & MacRae, Washington, D.C., for the plaintiff-appellant.

James B. Kropff, Girardi & Keese, Los Angeles, California, for the defendant-appellee.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEINER, Senior District Judge.

FLETCHER, Circuit Judge:

Reynolds Metals Company seeks reimbursement for payments it made to Robert Ellis because Ellis received a third party settlement from an accident in which he was injured. We have previously held, in FMC Medical Plan v. Owens, 122 F.3d 1258, 1262 (9th Cir.1997), that actions brought by fiduciaries under the Employee Retirement Income Security Act of 1974 (...

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