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BICKLEY v. CAREMARK RX, INC.

No. 05-10973.

461 F.3d 1325 (2006)

Roland H. BICKLEY, on behalf of Georgia Pacific Corporation Life Health and Accident Plan and all other similarly situated Plans, Plaintiff-Appellant, v. CAREMARK RX, INC., Caremark, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 27, 2006.

Attorney(s) appearing for the Case

David A. McKay, Herman, Mathis, Casey, Kitchens & Gerel, LLP, Atlanta, GA, John A. Day, Rebecca C. Blair, Branham & Day, P.C., Brentwood, TN, for Bickley.

Anthony C. Harlow, W. Michael Atchison, Starnes & Atchison, LLP, Birmingham, AL, Frank E. Pasquesi, Robert H. Griffith, Foley & Lardner, LLP, Chicago, IL, for Defendants-Appellees.

Mary Williams, Elizabeth Hopkins (Office of Sol.), U.S. Dept. of Labor, Washington, DC, for Amicus Curiae.

Before ANDERSON, DUBINA and HILL, Circuit Judges.

DUBINA, Circuit Judge:

Appellant Roland H. Bickley ("Bickley") brought a class action suit, on behalf of the Georgia Pacific Corporation Life Health and Accident Plan ("the Plan") and all other similarly situated plans, pursuant to section 502(a)(2) and (a)(3) of the Employment Retirement Income Security Act of 1974 ("ERISA") (codified at 29 U.S.C. § 1132(a)(2) and (a)(3)), against Caremark, Rx, Inc.1 and, its subsidiary, Caremark...

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