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OGDEN v. BLUE BELL CREAMERIES U.S.A., INC.

No. 02-16733.

348 F.3d 1284 (2003)

David OGDEN, Camilla Ogden, Plaintiffs-Appellees, v. BLUE BELL CREAMERIES U.S.A., INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 28, 2003.

Attorney(s) appearing for the Case

W. Fulton Broemer, Broemer & Associates, LLC, Houston, TX, for Defendant-Appellant.

A. Riley Powell, IV, The Powell Law Firm, Andalusia, AL, for Plaintiffs-Appellees.

Before DUBINA, WILSON and KRAVITCH, Circuit Judges.

DUBINA, Circuit Judge:

This case presents us with the question of whether a plaintiff may seek equitable relief under Section 502(a)(3) of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(3), when the doctrine of res judicata bars his Section 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B), claim for recovery of benefits due under a welfare benefits plan. The district court found that Appellees David and Camilla Ogden were entitled...

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