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PIPEFITTERS LOCAL 636 INS. FUND v. BLUE CROSS

No. 12-2265.

722 F.3d 861 (2013)

PIPEFITTERS LOCAL 636 INSURANCE FUND; John R. Green, Charles Inman, John O'Neil, Greg Sievert, E. Thomas Devlin, Gerald Hoover, Trustees of Pipefitters Local 636 Insurance Fund, Plaintiffs-Appellees, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2013.

Rehearing Denied August 7, 2013.

Attorney(s) appearing for the Case

ARGUED: Phillip J. DeRosier , Dickinson Wright PLLC, Detroit, Michigan, for Appellant. Ronald S. Lederman , Sullivan, Ward, Asher & Patton, P.C., Southfield, Michigan, for Appellees. ON BRIEF: Phillip J. DeRosier , Francis R. Ortiz , Dickinson Wright PLLC, Detroit, Michigan, for Appellant. Ronald S. Lederman , Gerard J. Andree , Sullivan, Ward, Asher & Patton, P.C., Southfield, Michigan, for Appellees. Christopher L. Kerr , Office of the Michigan Attorney General, Lansing, Michigan, for Amicus Curiae.

Before: SILER, CLAY, and KETHLEDGE, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Plaintiff Pipefitters Local 636 Insurance Fund (sometimes referred to as "the Fund") is a self-funded benefits plan, established under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq. Plaintiff contends that Defendant Blue Cross and Blue Shield of Michigan (sometimes referred to as "BCBSM") violated the fiduciary duties Defendant owes to Plaintiff under ERISA by discretionarily...

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