United States Sixth Circuit
COMTY. HEALTH PLAN OF OHIO v. MOSSER, 01-4095
In an action arising from efforts by plaintiff insurance company to enforce its plan's subrogation provision, the district court's grant of summary judgment to plaintiff on its claims for specific performance and restitution is reversed and remanded where the court lacked subject matter jurisdiction.
Appellate Information
- Argued 02/06/2003
- Decided 10/21/2003
- Published 10/21/2003
Judges
- Before SILER and ROGERS, Circuit Judges; GWIN, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- J. Gerard Swank (argued and briefed), Swank & Associates, Newark, OH, William F. Goodrich (briefed), Goodrich, Goodrich & Lazzara, Pittsburgh, PA, for Appellant.
- For Appellees:
- Daran P. Kiefer (argued and briefed), Ted M. Traut (briefed), Kreiner & Peters, Cleveland, OH, Christopher R. Meyer, Rodney A. Nelson, Reese, Pyle, Drake & Meyer, Newark, OH, for Appellee.