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United States Eighth Circuit


Admin. Comm. of the Wal-Mart Stores, Inc. Assocs.' Health & Welfare Plan v. Shank, 06-3531

In a suit brought by an ERISA governed plan under section 502(a)(3) of ERISA, seeking reimbursement for $469,216 it had paid in medical expenses on behalf of defendant, a Wal-Mart employee who was injured in an auto accident, summary judgment for the plan is affirmed where the plan's claim for full-recovery against a special needs trust established as part of a settlement in defendant's personal injury case was a claim for "appropriate equitable relief" as authorized by section 502(a)(3).

Appellate Information

  • Decided 08/31/2007
  • Published 08/31/2007

Judges

  • COLLOTON, Circuit Judge., Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Maurice B. Graham, argued, Erica L. Airsman, on the brief, St. Louis, MO, for appellants.

  • For Appellees:
  • Christopher R. Hedican, argued, Heidi Guttau-Fox, on the brief, Omaha, NE, for appellee.
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