HOLDEMAN v. DEVINE

No. 07-4235.

572 F.3d 1190 (2009)

Terrence D. HOLDEMAN, Plaintiff-Appellant, v. Michael W. DEVINE, Defendant-Appellee, and Leon Flinders; Medical Group Insurance Services; James W. Smith; Mary Carol Johnson; Marian Barnwell; Billie A. Devine; Gene L. Jones; Larry Herron, Defendants.

United States Court of Appeals, Tenth Circuit.

July 21, 2009.


Attorney(s) appearing for the Case

Brian S. King (Marcie E. Schapp with him on brief), Salt Lake City, UT, for Plaintiff-Appellant.

Michael W. Homer (Carl F. Huefner, Jesse C. Trentadue with him on brief) of Suitter Axland, PLLC, Salt Lake City, UT, for Defendant-Appellee.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.


EBEL, Circuit Judge.

Plaintiff Terrence Holdeman, the representative of a class of employees and dependents of employees who were participants in a self-funded employee benefit plan, appeals the district court's decision that defendant Michael Devine, as trustee of the plan, is not personally liable for outstanding medical claims that the plan did not pay or never fully paid prior to the employer's termination of the plan and declaration of bankruptcy. The district...

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