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AMSCHWAND v. SPHERION CORP.

No. 06-20346.

505 F.3d 342 (2007)

Melissa AMSCHWAND, Individually and on behalf of the Estate of Thomas Amschwand, Plaintiff-Appellant, v. SPHERION CORP.; et al., Defendants, Spherion Corp., Individually and as Plan Administrator of the Group Plan Life Policies 779407-10-001 & 779407-11-001; Group Plan Life Policies, 779407-10-001 & 779407-11-001; Trustees of the Interim Health Benefits Trust Group Life Plan; Group Life and Accidental Death and Dismemberment Insurance Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 18, 2007.

Attorney(s) appearing for the Case

John M. Zavitsanos, Amir H. Alavi (argued), Ahmad, Zavitsanos & Anaipakos, Houston, TX, for Amshwand.

Randall A. Constantine (argued), Mazursky & Dunaway, Atlanta, GA, for Defendants-Appellees.

Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

EDITH H. JONES, Chief Judge:

This appeal addresses whether, under ERISA § 502(a)(3), 29 U.S.C. § 1132(a)(3), "other appropriate equitable relief" permits recovery of extracontractual, or "make-whole," damages in the form of payment of life insurance benefits that would have accrued to a plan beneficiary but for a plan fiduciary's breach of fiduciary duty. Constrained by the Supreme Court's decision in Great-West Life & Annuity Insurance Co. v. Knudson...

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