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COOK CHILDREN'S MED. CTR. v. NEW ENGLAND PPO PLAN

No. 06-10511.

491 F.3d 266 (2007)

COOK CHILDREN'S MEDICAL CENTER, Plaintiff-Counter Defendant-Appellant, v. The NEW ENGLAND PPO PLAN OF GENERAL CONSOLIDATED MANAGEMENT, INC.; Deborah Hansen, Fiduciary of the New England PPO Medical Plan of General Consolidated Management, Inc., Defendants-Counter Claimants-Appellees, New England Life Insurance Company, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 1, 2007.

Attorney(s) appearing for the Case

Gayle Edward Oler (argued), Thomas L. Freytag, Dallas, TX, for Cook Children's Med. Ctr.

R. Spencer Shytles, Graham, Bright & Smith, Dallas, TX, for Defendants-Counter Claimants-Appellees.

Carl C. Scherz (argued), Kirsten M. Castaneda, Jason Levi Sanders, Jeff Logan, Locke, Liddell & Sapp, Dallas, TX, for New England Life Ins. Co.

Before KING, GARZA and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Cook Children's Medical Center appeals the district court's grant of summary judgment and award of mediation costs in favor of the defendants. For the reasons that follow, we AFFIRM the district court's order granting summary judgment and VACATE the award of mediation fees as taxable costs under 28 U.S.C. § 1920.

I. BACKGROUND

A. Factual Background

David G. Miller ("Mr. Miller") began his employment with...

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