Doctor's Hospital Augusta v. Horton Homes, Inc., No. 06-12029 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT JAN 24, 2007 THOMAS K. KAHN CLERK No. 06-12029 ________________________ 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. 2

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