GORMAN v. CARPENTERS' & MILLWRIGHTS' HEALTH

No. 03-1526.

410 F.3d 1194 (2005)

Paul D. GORMAN, Plaintiff-Appellee, v. CARPENTERS' & MILLWRIGHTS' HEALTH BENEFIT TRUST FUND, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 8, 2005.


Attorney(s) appearing for the Case

Timothy J. Parsons (Dean C. Heizer and Miranda K. Hawkins with him on the briefs) of Gorsuch Kirgis, LLP, Denver, CO, for Defendant-Appellant.

Raphael M. Solot, Denver, CO, for Plaintiff-Appellee.

Before BRISCOE and MURPHY, Circuit Judges, and STEWART, District Judge.


STEWART, District Judge.

Defendant/appellant Carpenters' and MillWrights' Health Benefit Trust Fund (the Fund) appeals from the district court's Order on Motions for Summary Judgment granting plaintiff/appellee Paul Gorman (Plaintiff) equitable relief from the terms of a subrogation contract on the grounds that the Fund acted arbitrarily and capriciously because its contract imposed a condition on Plaintiff that was not contained in the Plan or the Summary Plan Description...

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