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161886P.pdf   08/22/2017  Tim Mackey  v.  Terri Lynn Johnson
   U.S. Court of Appeals Case No:  16-1886
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Colloton, Author, with Loken and Kelly, Circuit Judges] Civil case - ERISA. While defendant Johnson's settlement agreements with the clinic which treated her decedent are ambiguous as to whether she and the clinic settled a claim for medical expenses, the district court did not err in concluding that the other evidence from her lawsuit against the clinic showed that the settlement agreements did cover the claim for medical expenses; as a result, under the subrogation provisions of the ERISA plan, the Fund is entitled to recover whatever Johnson recovered for the decedent's medical expenses, whether or not Johnson ultimately could have recovered the expenses at trial.