GUARDSMARK v. BLUECROSS AND BLUESHIELD OF TENN.

No. 01-2117 GA.

169 F.Supp.2d 794 (2001)

GUARDSMARK, INC., Guardsmark, Inc. Medical Plan, and Board of Trustees of the Guardsmark, Inc. Medical Plan Trust Fund, Plaintiffs, v. BLUECROSS AND BLUESHIELD OF TENNESSEE f.k.a. Memphis Hospital Service and Surgical Association, Inc. Defendant.

United States District Court, W.D. Tennessee, Western Division.

October 22, 2001.


Attorney(s) appearing for the Case

Jef Feibelman, W.J. Mchael Cody, Douglas F. Halijan, Burch, Porter & Johnson, Memphis, TN, Alan E. Schabes, Pete C. Elliott, Jeffrey D. Zimon, Mariann E. Butch, Anna K. Raske, Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH, for Plaintiffs.

John I. Houseal, Jr., Larry Montgomery, Jeffrey A. Jarratt, Glankler, Brown, PLLC, Memphis, TN, for Defendant.

James Allen, Memphis, TN, pro se.


ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

DONALD, District Judge.

Guardsmark, Inc. ("Guardsmark"), the Guardsmark, Inc. Medical Plan ("Plan"), and the Board of Trustees of the Guardsmark, Inc. Medical Plan Trust Fund ("Board") filed a complaint seeking: (1) damages for an alleged breach of fiduciary duty under the Employment Retirement Investment Security Act (ERISA); (2) equitable relief for alleged ERISA violations...

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