LONGABERGER CO. v. KOLT

No. 08-4432.

586 F.3d 459 (2009)

The LONGABERGER COMPANY, as Administrator of the Longaberger Family of Companies Group Medical Plan, Plaintiff-Appellee, v. Jeffrey A. KOLT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 16, 2009.


Attorney(s) appearing for the Case

ARGUED: George H. Carr, Gallagher Sharp, Cleveland, Ohio, for Appellant. Daran Paul Kiefer, Kreiner & Peters Co. L.P.A., Cleveland, Ohio, for Appellee. ON BRIEF: George H. Carr, Timothy John Fitzgerald, Gallagher Sharp, Cleveland, Ohio, for Appellant. Daran Paul Kiefer, Kreiner & Peters Co. L.P.A., Cleveland, Ohio, for Appellee.

Before: BATCHELDER, Chief Judge; GRIFFIN, Circuit Judge; TARNOW, District Judge.


OPINION

GRIFFIN, Circuit Judge.

Defendant Jeffrey A. Kolt appeals the district court's denial of his motion for summary judgment and its grant of summary judgment for plaintiff The Longaberger Company ("Longaberger"), an Employee Retirement Income Security Act ("ERISA") governed, self-funded employee welfare benefit plan, which sought to enforce the terms of the Plan's reimbursement provisions against attorney Kolt and his client Samuel Billiter.

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