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TRUSTEES OF AFTRA HEALTH FUND v. BIONDI

No. 00-3598.

303 F.3d 765 (2002)

TRUSTEES OF THE AFTRA HEALTH FUND, Plaintiff-Appellee, v. Richard BIONDI, Third-Party Plaintiff-Defendant-Appellant, v. Thomas C. O'Brien, Selma D'Souza, O'Brien & Barbahen, a partnership, et. al., Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 2002.

Rehearing and Rehearing Denied October 7, 2002.

Attorney(s) appearing for the Case

Peter D. DeChiara (Argued), Cohen, Weiss & Simon, New York, NY, for Plaintiff-Appellee.

Robert J. Trizna (Argued), Schuyler, Roche & Zwirner, Chicago, IL, for Defendant-Appellant.

Michael P. Tone, Ross, Dixon & Bell, Chicago, IL, for Defendants-Appellees.

Before MANION, ROVNER, and EVANS, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 7, 2002.*

MANION, Circuit Judge.

In 1993, Richard and Hazel Biondi decided to end their marriage of thirty years. In doing so, the Biondis entered into a divorce decree which required Richard to pay COBRA health insurance premiums on behalf of Hazel for two years. Instead, and without notifying his employer of the divorce, Richard allowed Hazel to remain listed under the existing medical...

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