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ORVOSH v. PROGRAM OF GROUP INS. FOR SALARIED EMP.

Nos. 99-3573, 99-3589.

222 F.3d 123 (2000)

Donald ORVOSH, Appellant, v. The PROGRAM OF GROUP INSURANCE FOR SALARIED EMPLOYEES OF VOLKSWAGEN OF AMERICA, INC.; The Volkswagen of America, Inc. Employee Benefit Plan Committee, individually and as Plan Administrator of the Program of Group Insurance for Salaried Employees of Volkswagen of America, Inc.; Volkswagen Of America, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Filed July 28, 2000.

Attorney(s) appearing for the Case

Paul Amato (Argued), Richard J. Antonelli, Buchanan Ingersoll Professional Corporation, Pittsburgh, PA, for Appellants/Cross Appellees.

Abby S. DeBlassio (Argued), Fisher, Long & Riggone, Greensburg, PA, Attorneys for Appellee/Cross Appellant.

Before GREENBERG, McKEE, Circuit Judges and SHADUR, District Judge.

OPINION OF THE COURT

McKEE, Circuit Judge.

The defendants appeal the district court's grant of summary judgment in favor of plaintiff, Donald Orvosh, and against defendants on Orvosh's claim under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq. Orvosh has also cross-appealed from the district court's denial of attorney fees. For the reasons that follow, we will reverse the district court's grant of summary...

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