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SEAWAY FOOD TOWN, INC. v. MEDICAL MUT. OF OHIO

No. 01-4285.

347 F.3d 610 (2003)

SEAWAY FOOD TOWN, INC., Plaintiff-Appellant, v. MEDICAL MUTUAL OF OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 23, 2003.

Attorney(s) appearing for the Case

ARGUED: Anastasia Kay Hanson, SPENGLER NATHANSON, P.L.L., Toledo, Ohio, for Appellant.

James D. Thomas, SQUIRE, SANDERS & DEMPSEY, Cleveland, Ohio, for Appellee.

ON BRIEF: Anastasia Kay Hanson, Lisa E. Pizza, Theodore M. Rowen, SPENGLER NATHANSON, P.L.L., Toledo, Ohio, for Appellant.

James D. Thomas, Christopher R. Shea, SQUIRE, SANDERS & DEMPSEY, Cleveland, Ohio, for Appellee.

Before: CLAY and GIBBONS, Circuit Judges; CLELAND, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

CLAY, Circuit Judge.

Plaintiff, Seaway Food Town, Inc. ("Seaway"), filed suit against Defendant, Medical Mutual of Ohio ("Medical Mutual"), formerly known as Blue Cross & Blue Shield Mutual of Ohio ("BC/BS"), alleging that BC/BS breached its fiduciary duties to Seaway in violation of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. §§ 1001-1461. Seaway appeals...

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