Cole v. Aetna Life & Casualty Co.
Opinion of the Court
SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.
Appellant Richard Cole, pro se, appeals from the district court’s partial grant of summary judgment in favor of appellees Welch Foods, Inc., Ethan Allen, Sun Company, TEMCO, and Inland Container Group and from its decision on the merits. Richard Cole is a former physician who sued under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq., and under state law causes of action to recover for medical services he allegedly performed for several patients prior to November 1992, when he stopped practicing medicine. We presume the parties’ familiarity with the facts, the
To aid us in this appeal, we asked attorneys to file amicus briefs setting forth arguments for the pro se litigant and the insurer on various issues. We express our gratitude to them.
After examining the briefs and record, we conclude that all of Cole’s claims were barred either on limitations or failure to exhaust grounds and affirm the district court’s partial grant of summary judgment. Our previous dismissal of Cole’s appeal of the judgment after trial remains in place.
Reference
- Full Case Name
- Richard A. COLE v. AETNA LIFE & CASUALTY COMPANY, United Parcel Service, Inc., Welchs, Citigroup, Aetna U.S. Healthcare, Aetna Services Inc., Frost Builders Supplies Inc., Employee Welfare Benefit Plan, Moorco Intl Inc., Employee Welfare Benefit Plan, Frito Lay, Inc, Employee Welfare Benefit Plan, Electric Materials Co, Employee Welfare Benefit Plan, PET/VAN De Kamp, Employee Welfare Benefit Plan, Ethan Allen, Employee Welfare Benefit Plan, Inland Container, Employee Welfare Benefit Plan, UPS Health Care Package
- Status
- Published