Mary Ellen EHLMANN; et al., Plaintiffs,
Mary Ellen Ehlmann; et al., Plaintiffs-Appellants,
v.
KAISER FOUNDATION HEALTH PLAN OF TEXAS; et al., Defendants,
Kaiser Foundation Health Plan of Texas; et al., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
January 4, 2000.
January 4, 2000.
Attorney(s) appearing for the Case
George Parker Young (argued), Donna Ruth Peery, Friedman, Young & Suder, Fort Worth, TX, John Lee Malesovas, David Glenn Tekell, Malesovas & Martin, Waco, TX, for Plaintiffs-Appellants.
John Anthony Scully, Cooper & Scully, Dallas TX, for Kaiser Foundation Health Plan of Texas.
J. Hoke Peacock, III, Susman Godfrey, Houston, TX, Mark A. Evetts, Susman Godfrey, Dallas, TX, for Nylcare of Texas, Inc. and Nylcare Health Plan of the Southwest Inc.
Tracy Walters McCormack, Akin, Gump, Strauss, Hauer & Feld, Austin, TX, for Prudential Health Care Plan Inc.
Robert N. Eccles (argued), O'Melveny & Myers, Washington, DC, for Cigna Healthcare of Texas Inc.
John Bruce Shely, Andrews & Kurth, Houston, TX, for Aetna U.S. Healthcare.
Before REYNALDO G. GARZA, JOLLY and WIENER, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
REYNALDO G. GARZA, Circuit Judge:
I. FACTUAL AND PROCEDURAL BACKGROUND
In April 1997, the plaintiff ERISA plan members1, (hereinafter "Ehlmann") sued the defendant HMOs (hereinafter "Kaiser") under the Employee Retirement Insurance Security Act, 29 U.S.C.A. § 1001 et seq., alleging that Kaiser breached its statutory fiduciary duties to act solely in the interests of, and...
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