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

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS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.

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.