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WAL-MART STORES HEALTH & WELFARE PLAN v. WELLS

No. 99-2018.

213 F.3d 398 (2000)

WAL-MART STORES, INCORPORATED ASSOCIATES' HEALTH AND WELFARE PLAN; and Administrative Committee, administrator of the Plan, Plaintiffs-Appellees, v. Denise WELLS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 2000.

Rehearing and Rehearing Denied June 14, 2000.

Attorney(s) appearing for the Case

Michael T. Graham (argued), Jackson, Lewis, Schnitzler & Krupman, Chicago, IL, for plaintiffs-appellees.

Charla Hausler (argued), Law Student, Steven L. Langer, Langer & Langer, Valparaiso, IN, for defendant-appellant.

Before POSNER, Chief Judge, and EASTERBROOK and DIANE P. WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 14, 2000.

POSNER, Chief Judge.

This is a suit by an ERISA welfare plan and its administrator (only the latter is a fiduciary and hence a proper plaintiff, ERISA § 502(a)(3), 29 U.S.C. § 1132(a)(3); Administrative Committee v. Gauf, 188 F.3d 767, 770 (7th Cir.1999), but we'll ignore that detail), for reimbursement of $10,982.61 paid under the plan to a participant...

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