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MIDWEST COMM. HEALTH SERV. v. AMERICAN UNITED LIFE

No. 00-2360.

255 F.3d 374 (2001)

MIDWEST COMMUNITY HEALTH SERVICE, INC., now known as Silver Cross Health System, et al., Plaintiffs-Appellants, v. AMERICAN UNITED LIFE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 21, 2001.

Attorney(s) appearing for the Case

Robert H. Rhode, Sean M. Anderson (argued), Sutkowski & Washkuhn, Peoria, IL, for Plainitffs-Appellants.

James J. Casey, Ross & Hardies, Chicago, IL, Phillip R. Scaletta (argued), Ice & Miller, Indianapolis, IN, for Defendant-Appellee.

Before KANNE, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

The appellants, members of the Illinois Hospital Association ("IHA"), filed this suit alleging that American United Life Insurance Co. ("AUL") breached its fiduciary duties under § 409(a) of the Employee Retirement Income Security Act ("ERISA") by failing to disclose material information about the appellants' rights under a group annuity contract. Both parties moved for summary judgment. The district court denied the appellants' motion...

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