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DUPREE v. HOLMAN PROFESSIONAL COUNSELING CENTERS

No. 07-55617.

572 F.3d 1094 (2009)

Timothy DUPREE; Alexandra Martini, Plaintiffs-Appellants, v. HOLMAN PROFESSIONAL COUNSELING CENTERS; Beverly Hills Hotel Plan, e/s/a The Beverly Hills Hotel Employee Health Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2009.

Attorney(s) appearing for the Case

Lisa S. Kantor, Kantor & Kantor, Northridge, CA, for the plaintiffs-appellants.

Robert C. Bohner, David M. Humiston and Douglas J. Collodel, Sedgwick, Detert, Moran & Arnold LLP, and Michael A. Vanic, Reish Luftman Reicher & Cohen, Los Angeles, CA, for the defendants-appellees.

Opinion by Judge HALL; Dissent by Judge PREGERSON.

HALL, Senior Circuit Judge:

I. Introduction

Timothy Dupree ("Dupree") and Alexandra Martini ("Alexandra"), father and step-daughter, bring this ERISA appeal concerning whether or not Dupree's employee health plan covers Alexandra's stay at a residential treatment center ("RTC") that had no contract with insurer Holman Professional Counseling Centers ("Holman"). The district court found that the stay was not covered. We have jurisdiction pursuant...

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