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ADVOCATE HEALTH & HOSPITALS CORP. v. HEBER

No. 2-04-0759.

824 N.E.2d 655 (2005)

355 Ill. App.3d 1076

291 Ill.Dec. 799

ADVOCATE HEALTH AND HOSPITALS CORPORATION, d/b/a Good Shepherd Hospital, Plaintiff, v. Paul HEBER and Phyllis Heber, Defendants and Third-Party Plaintiffs-Appellants (Botts Welding and Truck Repair Employee Benefit Plan, and Botts Welding and Truck Service, Inc., d/b/a Botts Welding and Truck Repair, Third-Party Defendants-Appellees).

Appellate Court of Illinois, Second District.

March 4, 2005.

Attorney(s) appearing for the Case

Andrew H. Haber, Dennis R. Favaro, Patrick J. Gorman, Favaro & Gorman, Palatine, for Paul Heber, Phyllis Heber.

Louis W. Brydges Sr., Law Offices of L.W. Brydges Sr. & Associates, Ingleside, for Botts Welding & Truck Repair Employee Benefit Plan, Botts Welding & Truck Service, Inc.

Justice CALLUM delivered the opinion of the court:

Pursuant to section 1132(g)(1) of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1132(g)(1) (1994)), the circuit court of Lake County ordered Botts Welding & Truck Repair Employee Benefit Plan (the Plan) and Botts Welding & Truck Service, Inc. (Botts Welding) (collectively Botts), to pay Paul and Phyllis Heber (collectively the Hebers) attorney fees in the amount of $2,500, plus...

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