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GUYAN INTERN. v. PROFESSIONAL BENEFITS ADM'RS

Nos. 11-3126, 11-3640.

689 F.3d 793 (2012)

GUYAN INTERNATIONAL, INC., dba Permco, Plaintiff-Appellee (11-3126), Pritchard Mining Company, Inc.; Hocking, Athens, Perry Community Action Agency, on its own behalf and on behalf of Hocking, Athens, Perry Community Action Agency Employee Health Benefit Plan; Precision Gear, Inc.; Merit Gear, Inc., Plaintiffs/Intervenors-Appellees (11-3640), v. PROFESSIONAL BENEFITS ADMINISTRATORS, INC., Defendant-Appellant (11-3126 & 11-3640), Robert Hartenstein, Defendant-Appellant (11-3126), Defendant (11-3640).

United States Court of Appeals, Sixth Circuit.

August 20, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Steven G. Janik , Crystal L. Nicosia , Colin P. Sammon , Ellyn Mehendale , Janik LLP, Cleveland, Ohio, for Appellants. Peter Turner , Meyers, Roman, Friedberg & Lewis, Cleveland, Ohio, for Appellee in 11-3126. Carl H. Gluek , Jennifer L. Whitney , Olivia Lin , Frantz Ward LLP, Cleveland, Ohio, for Appellees in 11-3640.

Before: WHITE, STRANCH, and FARRIS, Circuit Judges.

OPINION

JANE B. STRANCH, Circuit Judge.

This appeal turns on whether Professional Benefits Administrator (PBA) is a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) with respect to Plaintiffs' employee benefit plans. Plaintiffs each established and administered an employee benefit plan (Plan; collectively, Plans) that provided health benefits for their employees under ERISA. Plaintiffs hired PBA as a claims administrator to pay...

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