Kentucky Laborers District Council Health and Welfare Fund, Plaintiff v. Bobby L. Hope, Jr. And Verna Denise Chambers
Court of Appeals for the Sixth Circuit
1Opinion of the Court
KENNEDY, Circuit Judge.
Plaintiff-appellant, Kentucky Laborers District Council Health and Welfare Fund, an ERISA-governed health and welfare plan, brought this action against defendants-appellees to recover benefits allegedly paid in violation of the plan. Defendant Hope allegedly had submitted claim forms for defendant Verna Denise Chambers which falsely stated that she was still his wife. The District Court dismissed the action sua sponte, holding that it lacked subject matter jurisdiction under 29 U.S.C. § 1132. We conclude that even if jurisdiction was lacking under section 1132, the…
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