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PHELAN v. WYOMING ASSOCIATED BUILDERS

No. 08-8055.

574 F.3d 1250 (2009)

Scott PHELAN, Plaintiff-Appellee, v. WYOMING ASSOCIATED BUILDERS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 31, 2009.

Attorney(s) appearing for the Case

Timothy M. Stubson, Brown, Drew & Massey, LLP, Casper, WY, for Defendant-Appellant.

Jessica Rutzick, Rutzick Law Office, Jackson, WY, for Plaintiff-Appellee.

Before BRISCOE, BRORBY and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Scott Phelan, recently diagnosed with bone cancer at age twenty-six, was covered by the healthcare plan of his former employer, which in turn was a member of Wyoming Associated Builders, Inc. ("WAB"), a trade organization that maintained a trust to provide health insurance benefits for its members' employees. Just as Mr. Phelan was about to submit an unusually large claim relating to his cancer treatment, WAB terminated his employer's membership...

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