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MEDICAL MUT. OF OHIO v. deSOTO

Nos. 99-3988, 00-3571.

234 F.3d 298 (2000)

MEDICAL MUTUAL OF OHIO, Plaintiff-Appellee, v. Denise deSOTO; Jose deSoto, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 30, 2000.

Attorney(s) appearing for the Case

Stephen F. Gladstone (argued and briefed), Michael J. Holleran (briefed), Frantz Ward LLP, Cleveland, OH, for Plaintiff-Appellee.

Janice Aitken (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendant-Appellant Denise deSoto in 99-3988.

Robert Eddy (argued and briefed), Janice Aitken, Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendants-Appellants Jose deSoto in 99-3988.

William F. Gibson, Robert Eddy (argued and briefed), Janice Aitken (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendants-Appellants in 00-3571.

Mary M. Utterback (briefed), Thelen, Reid & Priest, Washington, DC, Curtis A. Cole (briefed), Thelen, Reid & Priest, Los Angeles, CA, for Amicus Curiae.

Before MERRITT, KENNEDY, and GILMAN, Circuit Judges.

KENNEDY, J., delivered the opinion of the court, in which MERRITT, J., joined. GILMAN, J. (pp. 310-12), delivered a separate concurring opinion.

OPINION

KENNEDY, Circuit Judge.

This Employee Retirement Insurance and Security Act (ERISA) action comes before the court on the consolidated appeals of defendants, Denise deSoto and Jose deSoto, from (1) the district court's grant of summary judgment in favor of...

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