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043676P.pdf   12/23/2005  John Delcastillo  v.  Odyssey Resource
   U.S. Court of Appeals Case No:  04-3676
   District of Nebraska   
   [PUBLISHED] [Chief Judge Loken, Author, with Arnold and Colloton,
   Circuit Judges]
   Civil Case - ERISA District court's award of damages to employees for
   breach of ERISA fiduciary duties is remanded for consideration whether
   they are entitled to damages for unreimbursed covered medical expenses
   during period of coverage. Award of statutory penalties for breach of
   fiduciary duty is reversed. District court erred in granting statutory
   COBRA penalties for failure to provide initial COBRA notice because
   notice was provided by previous plan administrator. District court erred
   in awarding statutory penalties for failure to provide notice of qualifying
   event based on date heath care plan provider switched, rather than date
   coverage terminated and notice was given within the 30 days required. 
   Attorneys fee award is vacated, subject to redetermination on remand.