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LETOURNEAU LIFELIKE ORTHOTICS v. WAL-MART STORES

No. 01-40995.

298 F.3d 348 (2002)

LETOURNEAU LIFELIKE ORTHOTICS & PROSTHETICS, INC., as assignee of Pamela L. Nichols, Plaintiff-Appellee, v. WAL-MART STORES, INC.; Wal-Mart Associates Health & Welfare Plan; Committee of the Wal-Mart Associates Health & Welfare Plan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 10, 2002.

Attorney(s) appearing for the Case

Bruce M. Partain (argued), Wells, Peyton, Greenberg & Hunt, Beaumont, TX, for Plaintiff-Appellee.

Leslie Ross Higman (argued), Wal-Mart Stores, Bentonville, TX, for Defendants-Appellants.

Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellee LeTourneau Lifelike Orthotics & Prosthetics, Inc. ("LeTourneau") filed this action in district court against the captioned Defendants-Appellants, seeking $9,767 in payment for replacing part of a prosthetic device that LeTourneau had furnished to Pamela L. Nichols, a beneficiary of the defendant Wal-Mart Associates Health & Welfare Plan (the "Plan"). In addition to asserting that claim under Section 502 of ERISA,

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