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MARTIN v. ARKANSAS BLUE CROSS AND BLUE SHIELD

No. 00-3420.

299 F.3d 966 (2002)

Brian MARTIN, Individually and as the Administrator of the Estate of Norma Martin, deceased, Appellant, v. ARKANSAS BLUE CROSS AND BLUE SHIELD, a Mutual Insurance Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2002.

Attorney(s) appearing for the Case

Don R. Elliott, Jr., argued, Fayetteville, AR (Bobby Lee Odom, on the brief), for appellant.

David R. Matthews, argued, Rogers, AR, for appellee.

Before WOLLMAN, Chief Judge, McMILLIAN, BOWMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, and RILEY, Circuit Judges.

BEAM, Circuit Judge.

Brian Martin appeals the district court's denial of attorney fees in this case under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. We affirm.

I. BACKGROUND

Norma Martin asked Arkansas Blue Cross and Blue Shield (the Plan) to certify benefits for a lung transplant pursuant to an ERISA employee welfare benefit plan in which she participated. After the Plan denied benefits, Martin sued...

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