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HARRIS METHODIST v. SALES SUPPORT SERVICES INC.

No. 04-10761.

426 F.3d 330 (2005)

HARRIS METHODIST FORT WORTH, Plaintiff-Appellant, v. SALES SUPPORT SERVICES INCORPORATED EMPLOYEE HEALTH CARE PLAN, Sales Support Services Inc., Defendants-Third Party Plaintiffs-Appellees, Appellants-Cross Appellees, v. Transamerica Life Insurance and Annuity Company, Standard Security Life Insurance Company of New York, Third Party Defendants-Appellees-Cross Appellants, Berkley Risk Managers, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 2005.

Attorney(s) appearing for the Case

Lisa A. Manziel, Dallas, TX, for Plaintiff-Appellant.

Richard Euclid Aubin, Melissa J. Rye, Vial, Hamilton, Koch & Knox, Dallas, TX, for Defendants-Appellees.

Before JOLLY, HIGGINBOTHAM and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The district court granted summary judgment to Sales Support Services, Inc. ("Sales Support") and its Employee Health Care Plan, a self-insured employee welfare benefit plan governed by ERISA ("the Plan"), holding that an expectant mother did not sufficiently assign her benefits claim on behalf of her prematurely born twins to the admitting hospital, Harris Methodist Fort Worth ("Harris"). Harris, a Preferred Provider Organization (...

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