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KOLBE HEALTH & WELFARE v. MEDICAL COLLEGE OF WIS.

Nos. 10-2284, 10-3046.

657 F.3d 496 (2011)

KOLBE & KOLBE HEALTH & WELFARE BENEFIT PLAN, et al., Plaintiffs-Appellants, v. The MEDICAL COLLEGE OF WISCONSIN, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2011.

Attorney(s) appearing for the Case

Sarah A. Zylstra (argued), Attorney, Boardman, Suhr, Curry & Field, Madison, WI, for Plaintiffs-Appellants.

Kenneth A. Hoogstra (argued), Terry E. Nilles , Attorneys, Von Briesen & Roper, S.C., Milwaukee, WI, for Defendants-Appellees.

Before FLAUM and WILLIAMS, Circuit Judges, and HERNDON, District Judge.

HERNDON, District Judge.

This is a suit by Kolbe & Kolbe Welfare Benefit Plan (the Plan), a self-funded employee welfare benefit plan, and its administrator and plan fiduciary, Kolbe & Kolbe Millwork Company (Kolbe & Kolbe) (collectively plaintiffs unless context dictates otherwise),1 for the right to recover amounts the Plan paid on behalf of an uncovered person under the Plan to The Medical College of Wisconsin, Inc. (Medical...

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