MEDICAL MUT. OF OHIO v. DESOTO

Nos. 99-3988, 00-3571.

245 F.3d 561 (2001)

MEDICAL MUTUAL OF OHIO, Plaintiff-Appellee, v. Denise deSOTO; Jose deSoto, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 27, 2001.


Attorney(s) appearing for the Case

ARGUED: Robert Eddy, GALLAGHER, SHARP, FULTON & NORMAN, Cleveland, Ohio, for Appellants.

Stephen F. Gladstone, (argued and briefed), Michael J. Holleran (briefed), FRANTZ & WARD, LLP, Cleveland, Ohio, for Plaintiff-Appellee Medical Mutual of Ohio in Nos. 99-3988, 00-3571.

ON BRIEF: Robert Eddy, Janice Aitken, GALLAGHER, SHARP, FULTON & NORMAN, Cleveland, Ohio, for Appellants.

Mary M. Utterback (briefed), THELEN, REID & PRIEST, Washington, D.C., Curtis A. Cole, briefed, THELEN, REID & PRIEST, Los Angeles, California, for California Healthcare Ass'n, Amicus Curiae in No. 99-3988.

William F. Gibson, Robert H. Eddy (argued and briefed), Janice Aitken (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendant-Appellant Denise deSoto in No. 00-3571.

William F. Gibson, Robert H. Eddy (argued and briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendant-Appellant Jose Peppy deSoto in No. 00-3571.

Janice Aitken (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendant-Appellant Denise deSoto in No. 99-3988.

Robert H. Eddy (argued and briefed), Janice Aitken, Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendant-Appellant Jose Peppy deSoto in No. 99-3988.

Before: MERRITT, KENNEDY, and GILMAN, Circuit Judges.


Pursuant to Sixth Circuit Rule 206

KENNEDY, Judge, delivered the opinion of the court, in which MERRITT, Judge, joined. GILMAN, Judge (pp. 575-77), delivered a separate concurring opinion.

AMENDED OPINION

KENNEDY, Circuit Judge.

This Employee Retirement Insurance and Security Act (ERISA) action comes before the court on the consolidated appeals of defendants, Denise deSoto and Jose deSoto, from ...

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