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ATTEBERRY v. MEMORIAL-HERMANN HEALTHCARE SYSTEMS

No. 04-20349.

405 F.3d 344 (2005)

Charles ATTEBERRY, Sr., et al., Plaintiffs, v. MEMORIAL-HERMANN HEALTHCARE SYSTEMS, On Behalf and for the Benefit of The Estates, Heirs, Devisees, Legatees, Spouses, Children and/or Parents of Charles ATTEBERRY, Jr., Plaintiffs-Appellees, v. Memorial-Hermann Healthcare System; Memorial-Hermann Hospital System, Plaintiffs-Appellants-Appellees, v. Ben Ethridge, Intervenor-Plaintiff-Appellee, v. Dalinda Shelton; Carol Ann Pittman, also known as Carol Ann Peterson, Independent Executrix of the Estate of John Linwood Pittman, Jr., Deceased and Individually as Beneficiary of John Linwood Pittman, Jr., Intervenor-Plaintiffs-Appellants, v. Eurocopter Deutschland, GMBH, et al., Defendants.

United States Court of Appeals, Fifth Circuit.

April 1, 2005.

Attorney(s) appearing for the Case

Michael D. Sydow (argued), Sydow & McDonald, Houston, TX, for Plaintiffs.

Larry D. Thompson (argued), Phillip C. Summers, Lorance & Thompson, Houston, TX, for Pittman.

Harry Grant Potter, III (argued), Austin, TX, for Ethridge.

Before GARWOOD, BENAVIDES and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

I. INTRODUCTION

This action arises from the crash of a Life Flight helicopter owned and operated by Memorial-Hermann Healthcare System and Memorial-Hermann Hospital System (collectively "MHHS"). All three MHHS employees aboard the helicopter — Charles Atteberry, Jr., John Pittman, Jr., and Silvia Lynn Ethridge — perished in the crash. At the time of their deaths, the employees were covered by MHHS' ERISA Occupational...

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