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DeLUCA v. BLUE CROSS BLUE SHIELD OF MICHIGAN

No. 08-1085.

628 F.3d 743 (2010)

Anthony DeLUCA, Plaintiff-Appellant, v. BLUE CROSS BLUE SHIELD OF MICHIGAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Stephen Wasinger , Stephen F. Wasinger PLC, Royal Oak, Michigan, for Appellant. Evan Miller , Jones Day , Washington, D.C., for Appellee. ON BRIEF: Stephen Wasinger , Stephen F. Wasinger PLC, Royal Oak, Michigan, for Appellant. Evan Miller , Jones Day , Washington, D.C., E. Michael Rossman , Jones Day , Columbus, Ohio, Robert Hurlbert , Dickinson Wright, PLLC, Bloomfield Hills , Michigan, K. Scott Hamilton , Dickinson Wright, PLLC, Detroit, Michigan, Leo A. Nouhan , Blue Cross and Blue Shield of Michigan, Detroit, Michigan, for Appellee.

DAUGHTREY, J., delivered the opinion of the court, in which ROGERS, J., joined. KETHLEDGE, J. (pp. 748-52), delivered a separate dissenting opinion.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, provides, in pertinent part, that "a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries. . . ." 29 U.S.C. § 1104(a)(1). In this putative class action appeal, plaintiff Anthony DeLuca and defendant Blue Cross Blue Shield of Michigan (BCBSM) agree...

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