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MID ATLANTIC MEDICAL SERVICES, LLC v. SEREBOFF

Nos. 04-1336, 04-1403, 04-1722.

407 F.3d 212 (2005)

MID ATLANTIC MEDICAL SERVICES, LLC, Plaintiff-Appellee, v. Joel SEREBOFF; Marlene Sereboff, Defendants-Appellants. Secretary of Labor, Amicus Supporting Appellee. Mid Atlantic Medical Services, LLC, Plaintiff-Appellant, v. Joel Sereboff; Marlene Sereboff, Defendants-Appellees. Mid Atlantic Medical Services, LLC, Plaintiff-Appellee, v. Joel Sereboff; Marlene Sereboff, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 4, 2005.

Attorney(s) appearing for the Case

ARGUED: John Charles Stein, the Boccardo Law Firm, L.L.P., San Jose, California, for Appellants. Thomas Humphrey Lawrence, III, Lawrence and Russell, L.L.P., Memphis, Tennessee, for Appellee. Salvador P. Simao, United States Department of Labor, Plan Benefits Security Division, Washington, DC, for Amicus Supporting Appellee. ON BRIEF: Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, Plan Benefits Security Division, Elizabeth Hopkins, for Appellate and Special Litigation, United States Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Supporting Appellee.

Before WIDENER and KING, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge FLOYD joined.

OPINION

KING, Circuit Judge:

These appeals emanate from a civil action initiated in the District of Maryland under § 502(a)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"). After Mid Atlantic Medical Services, Inc. ("MAMSI"), an ERISA plan fiduciary, had paid nearly $75,000 for...

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