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BARIX CLINICS v. LONGABERGER FAMILY GROUP

No. 2:04-CV-1229.

459 F.Supp.2d 617 (2005)

BARIX CLINICS OF OHIO, INC., Plaintiff, v. The LONGABERGER FAMILY OF COMPANIES GROUP MEDICAL PLAN, et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

September 6, 2005.

Attorney(s) appearing for the Case

Randall Scott Rabe, Rabe Law Office, Columbus, OH, for Plaintiff.

Heather L. Stutz, Michael R. Reed, Squire Sanders & Dempsey LLP, Columbus, OH, Emily Elizabeth Root, Squire Sanders & Dempsey, Worthington, OH, for Defendants.

OPINION AND ORDER

JAMES L. GRAHAM, District Judge.

This is an action filed pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1132(a)(1)(B) and 1132(c)(1)(B). Plaintiff Barix Clinics of Ohio, Inc., is a healthcare provider of bariatric surgery services, specializing in gastric by-pass surgery for morbidly obese patients. The defendants are the Longaberger Family of Companies Group Medical Plan ("the Plan...

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