Doctor's Hospital Augusta v. Horton Homes, Inc.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 24, 2007
• Docket: 06-12029
• Status: Unpublished

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT JAN 24, 2007 No. 06-12029 THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 02-03165 CV-CAP-1

DOCTOR’S HOSPITAL AUGUSTA, Assignee of Candace A. Murray, Deceased,

Plaintiff-Appellant, versus HORTON HOMES, INC., Defendant-Cross Defendant-Appellee,

ACS BENEFIT SERVICES, INC., J. SMITH LANIER AND CO. ADMINISTRATORS, INC., Defendants-Cross Claimants. ________________________

Appeal from the United States District Court for the Northern District of Georgia _________________________

(January 24, 2007)

Before ANDERSON and BARKETT, Circuit Judges, and STROM,* District Judge.

_______________ *Honorable Lyle E. Strom, United States District Judge for the District of Nebraska, sitting by designation. PER CURIAM:

After oral argument and careful consideration, we conclude that the district

court is due to be affirmed because plaintiff has not proved that the decision of the

plan administrator was wrong. The evidence before the decision-maker clearly

indicated that Candace was not “principally dependent” on her father, the covered

employee.

Accordingly, the judgment of the district court is

AFFIRMED.