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LEUTHNER v. BLUE CROSS AND BLUE SHIELD OF N.E.P.A.

No. 04-4389.

454 F.3d 120 (2006)

Frank W. LEUTHNER; William Reasner, and All Others Similarly Situated Elizabeth Melley; Jean Mikulis, Intervenor-Plaintiffs in District Court v. BLUE CROSS AND BLUE SHIELD OF NORTHEASTERN PENNSYLVANIA Elizabeth Melley and Jean Mikulis, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed July 10, 2006.

Attorney(s) appearing for the Case

Clifford A. Rieders, Esquire, (Argued), Rieders, Teavis, Humphrey, Harris, Wates & Waffenschmidt, Williamsport, PA, for Appellant.

John F. Schultz, Esquire, (Argued), Kristofor T. Henning, Esquire, Morgan, Lewis & Bockius, Philadelphia, PA, for Appellees.

Before McKEE, FISHER and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge.

If the beneficiary of an ERISA plan has lost her status as a beneficiary, due to what she claims is the plan administrator's breach of fiduciary duty, does she then have standing to sue the administrator under ERISA § 502(a), 29 U.S.C. § 1132(a)? Appellant Jean Mikulis retired early from Blue Cross, relying on what she claims was a promise from Blue Cross to provide her with 100% lifetime health benefits. Appellant...

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