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ADMINISTRATIVE COMM. OF WAL-MART STORES v. SHANK

No. 06-3531.

500 F.3d 834 (2007)

ADMINISTRATIVE COMMITTEE OF the WAL-MART STORES, INC. ASSOCIATES' HEALTH AND WELFARE PLAN, Appellee, v. James A. SHANK, as Trustee of Deborah J. Shank Irrevocable Trust; Deborah J. Shank; Deborah J. Shank Irrevocable Trust, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2007.

Rehearing and Rehearing Denied October 29, 2007.

Attorney(s) appearing for the Case

Maurice B. Graham, argued, Erica L. Airsman, on the brief, St. Louis, MO, for appellants.

Christopher R. Hedican, argued, Heidi Guttau-Fox, on the brief, Omaha, NE, for appellee.

Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges.

Rehearing and Rehearing En Banc. Denied October 29, 2007.*

COLLOTON, Circuit Judge.

The Administrative Committee of the Wal-Mart Associates' Health and Welfare Plan ("the Committee") brought suit under section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), against James A. Shank, Deborah J. Shank, and the Deborah J. Shank Irrevocable Trust ("the Shanks"). The Committee sought reimbursement for $469,216 it had paid in medical...

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