No. 05-3476.

474 F.3d 463 (2007)

CHICAGO DISTRICT COUNCIL OF CARPENTERS WELFARE FUND, Plaintiff-Appellant, v. CAREMARK, INCORPORATED and Caremark Rx, Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 19, 2007.

Attorney(s) appearing for the Case

Kenneth P. Ross (argued), Coleman & Associates, Chicago, IL, for Plaintiff-Appellant.

Robert H. Griffith (argued), Foley & Lardner, Chicago, IL, for Defendants-Appellees.

Before ROVNER, EVANS and SYKES, Circuit Judges.

ROVNER, Circuit Judge.

The Chicago District Council of Carpenters Welfare Fund ("Carpenters") sued Caremark, Inc. and its parent company Caremark Rx, Inc. (collectively "Caremark") for breach of fiduciary duties under 29 U.S.C. § 1106(b) of the Employee Retirement Income Security Act of 1974 ("ERISA").1 The district court determined that Caremark was not an ERISA fiduciary and therefore granted...

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