No. 5:00-CV-476-1(WDO).

162 F.Supp.2d 1374 (2001)

HCA-The Healthcare Company, Plaintiff, v. Mattie CLEMMONS, Dairyland Insurance Co., and Sentry Insurance, A Mutual Co. d/b/a Sentry Claim Service, Defendants.

United States District Court, M.D. Georgia, Macon Division.

September 19, 2001.

Attorney(s) appearing for the Case

Elizabeth F. Thompson, Macon, GA, John M. Russell, Thomas H. Lawrence, Lawrence & Russell, L.L.P., Memphis, TN, for plaintiff.

Lester Zack Dozier, Jr., Macon, GA, Hall Forbes McKinley, III, Andrew D. Horowitz, Atlanta, GA, for defendants.


OWENS, District Judge.

This matter is before the Court on Plaintiff Motion for Summary Judgment. Plaintiff brought claims against Defendants pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq, to enforce the terms of a medical benefits plan ("the Plan") for which Plaintiff is the fiduciary. Plaintiff contends that it is entitled to a recover a portion of the money it paid to Defendant Clemmons...

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