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ADMINISTRATIVE COM. OF WAL-MART ASSOC. v. WILLARD

No. 04-3081.

393 F.3d 1119 (2004)

ADMINISTRATIVE COMMITTEE OF THE WAL-MART ASSOCIATES HEALTH AND WELFARE PLAN, Plaintiff-Appellee, v. Melvin WILLARD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 28, 2004.

Attorney(s) appearing for the Case

Lori Bolton Fleming (Fred Spigarelli, and Thomas E. Hayes, with her on the briefs), The Spigarelli Law Firm, Pittsburg, KS, for Defendant-Appellant.

Christopher R. Hedican, (Heidi A. Guttau-Fox, with him on the brief), Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, L.L.P., Omaha, NE, for Plaintiff-Appellee.

Before KELLY, Circuit Judge, McWILLIAMS, Senior Circuit Judge and LUCERO, Circuit Judge.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Melvin Willard appeals a judgment in favor of Plaintiff-Appellee Administrative Committee of the Wal-Mart Associates Health and Welfare Plan ("Plan Administrators"). The district court held that the relief sought by the Plan Administrators constituted "appropriate equitable relief" under § 502(a)(3) of ERISA. Admin. Comm. of the Wal-Mart Assocs. Health & Welfare Plan v. Willard,

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