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UNIVERSITY HOSPITALS v. SOUTH LORAIN

No. 04-4067.

441 F.3d 430 (2006)

UNIVERSITY HOSPITALS OF CLEVELAND, Plaintiff-Appellee, v. SOUTH LORAIN MERCHANTS ASSOCIATION HEALTH & WELFARE BENEFIT PLAN AND TRUST, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2006.

Attorney(s) appearing for the Case

ARGUED: Paul L. Jackson, Roetzel & Andress, Akron, Ohio, for Appellant. Daniel W. Dreyfuss, Daniel W. Dreyfuss Co. L.P.A., Cleveland, Ohio, for Appellee. ON BRIEF: Paul L. Jackson, Karen D. Adinolfi, Roetzel & Andress, Akron, Ohio, for Appellant. Daniel W. Dreyfuss, Daniel W. Dreyfuss Co. L.P.A., Cleveland, Ohio, for Appellee.

Before: MARTIN, COLE, and GILMAN, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case involves an appeal by South Lorain Merchants Association Health & Welfare Benefit Plan and Trust ordering it to pay to the University Hospitals of Cleveland the full amount billed for services rendered to the son of a participant in South Lorain Merchants Association's benefit plan. For the reasons discussed below, we REVERSE the district court's judgment and remand the case for further proceedings...

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