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181539P.pdf   07/03/2019  MBI Energy Services  v.  Robert Hoch
   U.S. Court of Appeals Case No:  18-1539
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Gruender, Author, with Benton and Grasz, Circuit Judges] Civil case - ERISA. The Summary Plan Description was the only document dealing with the rights of subrogation, reimbursement and assignment, and its provisions would be considered the Plan's written instrument; the document clearly requires Hoch to reimburse the Plan for medical expenses it paid and for which he later received a second recovery from the tortfeasor; no error in dismissing his counterclaim.