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SHELBY COUNTY HEALTH CARE v. MAJESTIC STAR CASINO

Nos. 08-6078, 08-6419.

581 F.3d 355 (2009)

SHELBY COUNTY HEALTH CARE CORPORATION, Plaintiff-Appellee, v. The MAJESTIC STAR CASINO, LLC Group Health Benefit Plan, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 22, 2009.

Attorney(s) appearing for the Case

ARGUED: David A. Thornton, Bass, Berry & Sims PLC, Memphis, Tennessee, for Appellant. Curtis Henry Goetsch, McCullough & McCullough, PLLC, Germantown, Tennessee, for Appellee. ON BRIEF: David A. Thornton, Colleen D. Hitch, Bass, Berry & Sims PLC, Memphis, Tennessee, John R. Kirk, Bass, Berry & Sims PLC, Nashville, Tennessee, for Appellant. Curtis Henry Goetsch, McCullough & McCullough, PLLC, Germantown, Tennessee, for Appellee.

CLAY, J., delivered the opinion of the court, in which JORDAN, D. J., joined. ROGERS, J. (pp. 378-383), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

CLAY, Circuit Judge.

Plaintiff, Shelby County Health Care Corporation ("the Med"), filed this action pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. ("ERISA"), challenging the decision of Majestic Star Casino, LLC ("Majestic"), the plan administrator of The Majestic Star Casino, LLC Group Health Benefit Plan (the "Plan"), to deny the Med's claim for benefits. The Med filed the claim pursuant to an assignment...

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