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SMATHERS v. MULTI-TOOL, INC./MULTI-PLASTICS, INC.

No. 01-1045.

298 F.3d 191 (2002)

*William Reed SMATHERS, Appellant, v. MULTI-TOOL, INC./MULTI-PLASTICS, INC. EMPLOYEE HEALTH AND WELFARE PLAN; Multi-Tool, Inc./Multi-Plastics, Inc., as Administrator and named Fiduciary of the named Plan. *Amended in accordance with Clerk's Order dated 2/15/01

United States Court of Appeals, Third Circuit.

Filed: July 31, 2002.

Attorney(s) appearing for the Case

Lawrence C. Bolla [argued], Kenneth W. Wargo, Quinn, Buseck, Leemhuis, Toohey & Kroto, Erie, PA, for appellant.

Elaine C. Rizza [argued], The Rizza Group Professional Corporation, Washington, PA, for appellees.

BEFORE: ALITO, RENDELL and AMBRO, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

William Reed Smathers brought this suit against Multi-Tool, Inc./Multi-Plastics, Inc. and Multi-Tool, Inc./Multi-Plastics, Inc. Employee Health and Welfare Plan (together "Multi-Tool") in the Western District of Pennsylvania seeking payment of medical claims in excess of $81,000 arising from an accident that occurred while he was driving his motorcycle under the influence of alcohol and which resulted in the amputation...

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