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MONTROSE MEDICAL GROUP v. BULGAR

No. 00-3430.

243 F.3d 773 (2001)

MONTROSE MEDICAL GROUP PARTICIPATING SAVINGS PLAN; Montrose General Hospital, Inc., Appellants, v. Richard A. BULGER; Walter Garvey; Mutual Life Insurance Company of New York, v. Mutual Life Insurance Company of New York; Richard A. Bulger, Third-Party Plaintiffs, v. Eudora Bennett; Montrose Medical Arts Pharmacy, Inc.; Medical Arts Nursing Center, Inc.; Medical Arts Clinic, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Filed March 22, 2001.

Attorney(s) appearing for the Case

William W. Warren, Jr., (Argued), Saul, Ewing, Remick & Saul, LLP, Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17101, Cathleen M. Devlin, Saul, Ewing, Remick & Saul, LLP, Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102, Counsel for Appellants.

E. Thomas Henefer, (Argued), Stevens & Lee 111 North Sixth Street P.O. Box 679 Reading, PA 19603, Charles J. Bloom, Esquire Stevens & Lee 1275 Drummers Lane P.O. Box 236, Suite 202 Wayne, PA 19087, Counsel for Appellee/Third-Party Plaintiff Mutual Life Insurance Co. of New York.

Daniel Morgan, Esquire O'Malley & Harris 345 Wyoming Avenue Scranton, PA 18503, Counsel for Appellee/Third Party Plaintiff Richard A. Bulger.

Daniel T. Brier, Esquire Myers, Brier & Kelly 425 Spruce Street, Suite 200 Scranton, PA 18503, Counsel for Appellees/Third Party Defendants Eudora Bennett; Montrose Medical Arts Pharmacy, Inc.; Medical Arts Nursing Center, Inc.; and Medical Arts Clinic.

Before BECKER, Chief Judge, and MAGILL, Circuit Judge.

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal, set in the context of an ERISA breach of fiduciary duty action, largely concerns the doctrine of judicial estoppel. The District Court applied the doctrine to bar Plaintiffs Montrose General Hospital, Inc. (Hospital) and Montrose Medical Group Participating Savings Plan (Plan) from asserting that the Plan is covered by ERISA on account of representations...

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