United States Ninth Circuit

An action for reimbursement of medical benefits paid to an ERISA plan beneficiary was properly dismissed, based on ERISA's provision permitting suits only for equitable relief, where the money sought is held in escrow. Attorney's fee award was justified.

Appellate Information

• Argued 07/09/2002
• Decided 08/15/2002
• Published 08/15/2002

Judges

• Before SCHROEDER, Chief Judge, FISHER and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark S. Sifferman,Norling, Kolsrud, Sifferman & Davis, P.L.C., Phoenix, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Andrew C. Hubert, Gilbert, Kelly, Crowley & Jennett, LLP, Riverside, CA, for the defendant-appellee.