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TANGO TRANSPORT v. HEALTHCARE FINANCIAL SERVICES

No. 02-60284.

322 F.3d 888 (2003)

TANGO TRANSPORT, Plaintiff-Counter Defendant-Appellee, v. HEALTHCARE FINANCIAL SERVICES LLC, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 12, 2003.

Attorney(s) appearing for the Case

Horace N. Cunningham, III (argued), James C. Baker, Roberts, Cunningham & Stripling, Dallas, TX, for Tango Transport.

Paul Anderson Koerber (argued), Jackson, MS, for Healthcare Financial Services LLC.

Before GARWOOD, JONES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The disputed issues on appeal turn on whether our holding in Hermann Hosp. v. MEBA Medical & Benefits Plan, 845 F.2d 1286, 1289 (5th Cir.1988) ("Hermann I") limits derivative standing to sue for ERISA benefits only to health care providers who have a valid assignment from a plan participant or beneficiary. The district court construed our decision in Hermann I to limit the assignment...

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