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WESTAFF (USA) INC. v. ARCE

Nos. 00-16178, 01-15751.

298 F.3d 1164 (2002)

WESTAFF (USA) INC., a California corporation (as Administrator of the Western Staff Services Employee Health Plan) dba Western Staff Services, Plaintiff-Appellant, v. Betty ARCE, a single woman, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2002.

Attorney(s) appearing for the Case

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

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

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

OPINION

SCHROEDER, Chief Judge.

Westaff (USA), Inc. appeals the dismissal of its action for reimbursement of medical benefits paid to Betty Arce, and the award of attorney's fees to Arce, a beneficiary of Westaff's ERISA employee benefit plan. The issue is whether Westaff could bring this action seeking a money judgment in federal court, despite the provision in ERISA permitting suits only for equitable relief. See 29 U.S.C. § 1132(a)(3). Westaff...

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