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DALLAS COUNTY HOSP. v. ASSOCIATES' HEALTH & WELF.

No. 01-10988.

293 F.3d 282 (2002)

DALLAS COUNTY HOSPITAL DISTRICT, doing business as Parkland Memorial Hospital, Plaintiff-Appellant, v. ASSOCIATES' HEALTH AND WELFARE PLAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 19, 2002.

Attorney(s) appearing for the Case

James M. Orr (argued), Blair Grant Francis, Francis & Orr, Dallas, TX, for Plaintiff-Appellant.

Leslie Ross Higman (argued), Wal-Mart Stores, Bentonville, AR, for Defendant-Appellee.

Creswell Dean Davis, Paul Matthew O'Neil, Davis & Davis, Austin, TX, for Texas Hosp. Ass'n, Amicus Curiae.

Donald P. Wilcox, Texas Medical Ass'n, Austin, TX, for Texas Medical Ass'n, Amicus Curiae.

Before DUHÉ, DeMOSS and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

Dallas County Hospital District d/b/a Parkland Memorial Hospital (the "Hospital") appeals from the district court's summary dismissal of its ERISA claim for lack of standing. We agree with the district court that the Hospital lacks independent standing as a beneficiary, but we find that the Hospital has sufficiently shown that it may have standing derivatively as an assignee of a beneficiary. Accordingly, we affirm in part, reverse in part...

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