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ARANA v. OCHSNER HEALTH PLAN

No. 01-30922.

338 F.3d 433 (2003)

Julio C. ARANA, Plaintiff-Appellee, v. OCHSNER HEALTH PLAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 18, 2003.

Attorney(s) appearing for the Case

George Davidson Fagan (argued), Leake & Anderson, New Orleans, LA, for Plaintiff-Appellee.

Perry R. Staub, Jr., Michael Warren Hill (argued), Taggart, Morton, Ogden, Staub, Rougelot & O'Brien, New Orleans, LA, for Defendant-Appellant.

Errol John King, Jr., Ashley Byrd Lowe, Juston M. O'Brien, Emily B. Grey, McGlinchey Stafford, Baton Rouge, LA, for Louisiana Managed Healthcare Ass'n, Inc., Healthcare Recoveries, Inc. and United Healthcare of Louisiana, Inc., Amici Curiae.

Edward H. Cooper, University of Michigan School of Law, Ann Arbor, MI, for University of Michigan Law School, Amicus Curiae.

Dana M. Muir, University of Michigan School of Business Administration, Ann Arbor, MI, for University of Michigan Business School, Amicus Curiae.

Thomas H. Lawrence, John Morris Russell, Lawrence & Russell, Memphis, TN, for Benefit Recovery, Inc., Amicus Curiae.

James L. Craig (argued), Washington, DC, for Chao, Secretary, Dept. of Labor, Amicus Curiae.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, and PRADO, Circuit Judges.

KING, Chief Judge:

Julio C. Arana sued Ochsner Health Plan, Inc. in state court to obtain a declaration that he is entitled to retain tort settlement proceeds free of Ochsner Health Plan, Inc.'s claim for reimbursement of health care benefits previously paid for Arana's account and to obtain attorney's fees and statutory penalties as well. The case was removed to federal court. The district court granted summary judgment for Arana. A panel of this court reversed,...

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