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ADMINISTRATIVE COMMITTEE OF WAL-MART STORES v. VARCO

Nos. 02-3879, 02-1124, 02-1143.

338 F.3d 680 (2003)

ADMINISTRATIVE COMMITTEE OF THE WAL-MART STORES, INC. ASSOCIATES' HEALTH AND WELFARE PLAN, Plaintiff-Appellant/Cross-Appellee, v. Clara VARCO, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 29, 2003.

Petition for rehearing Denied August 22, 2003.

Attorney(s) appearing for the Case

Thomas H. Lawrence (argued), Lawrence & Russell, Memphis, TN, for Plaintiff-Appellant, Administrative Committee of Wal-Mart Stores, Inc. Associates' Health and Welfare Plan.

Laurence J. Dunford (argued), Timothy I. McArdle, McArdle, Frost & Klapacz, Chicago, IL, for Defendant-Appellant, Clara Varco.

Howard T. Brinton (argued), Chicago, IL, for Defendant-Appellant, Laurence Dunford.

Before FLAUM, Chief Judge, and BAUER and MANION, Circuit Judges.

Petition for rehearing En Banc is Denied August 22, 2003.

MANION, Circuit Judge.

I.

Clara Varco, a Wal-Mart employee, incurred medical expenses due to a car accident, which were paid by Wal-Mart's health and welfare benefit plan. After Varco recovered damages for her injuries in a state court action, the Wal-Mart Plan Committee sought restitution for the medical expenses it had paid from Varco and her attorney, Laurence Dunford. The district court...

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