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LOVE v. DELL, INC.

No. 08-50447.

551 F.3d 333 (2008)

Sharon E. LOVE; Kevin Heidtman, Plaintiffs-Appellants, v. DELL, INC., A Delaware Corporation, as a person and as a fiduciary of Dell Inc. Comprehensive Welfare Benefits Plan; ValueOptions, Inc., a Virginia Corporation, as a person and as a fiduciary of Dell Inc. Comprehensive Welfare Benefits Plan; ValueOptions of Texas, Inc., a Texas Corporation, as a person and as a fiduciary of Dell Inc. Comprehensive Welfare Benefits Plan; Dell Incorporated Comprehensive Welfare Benefits Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 2008.

Attorney(s) appearing for the Case

John Howard Gilliam, John H. Gilliam Law Office, San Marcos, TX, for Plaintiffs-Appellants.

Edwin Ford Stephens, Christian & Barton, LLP, Richmond, VA, for Defendants-Appellees.

Before HIGGINBOTHAM, BENAVIDES and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal stems from a denial of health benefits under an employee welfare benefit plan subject to ERISA. After exhausting their administrative remedies, plaintiffs-appellants Love and Heidtman brought suit in the U.S. District Court for the Western District of Texas, on June 15, 2007. Love is Heidtman's mother and was the participant in the policy; Heidtman was an eligible dependent...

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