IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

Nos. 95-50525 & 95-50763

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LUIS SOBREVILLA, SR., individually, and as 

next friend of Luis R. Sobrevilla, Jr.; 

ONELDA SOBREVILLA, individually, and as 

next friend of Luis R. Sobrevilla, Jr.; 

SANTA ROSA HEALTH CARE CORP.,

Plaintiffs-Appellants,

v.

CENTRAL STATES, SOUTHEAST AND SOUTHWEST 

AREAS HEALTH AND WELFARE FUND; LORAN W.

ROBBINS; MARION M. WINSTEAD; ROBERT C.

SANSONE; R. JERRY COOK; ROBERT J. BAKER;

R.V. PULLIAM, SR.; HOWARD MCDOUGALL; 

ARTHUR H. BUNTE, JR.,

Defendants-Appellees,

and

HAROLD D. LEU, Trustee of Central States,

Southeast and Southwest Areas Health and 

Welfare Fund; RAY CASH, Trustee of Central

States, Southeast and Southwest Areas

Health and Welfare Fund; THE TEXAS DEPARTMENT

OF HEALTH; THE TEXAS DEPARTMENT OF HUMAN

SERVICES; DAVID SMITH, Commissioner of the

Texas Department of Health; BURTON RAIFORD,

Commissioner of the Texas Department of

Health and Human Services,

Defendants.

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*District Judge of the Southern District of Texas, sitting

by designation.

 

**Pursuant to Local Rule 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

2

No. 95-50722

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LUIS SOBREVILLA, SR., individually, and as 

next friend of Luis R. Sobrevilla, Jr.; 

ONELDA SOBREVILLA, individually, and as 

next friend of Luis R. Sobrevilla, Jr.; 

SANTA ROSA HEALTH CARE CORP.,

Plaintiffs-Appellees,

v.

CENTRAL STATES, SOUTHEAST AND SOUTHWEST 

AREAS HEALTH AND WELFARE FUND; ET AL.,

Defendants,

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS 

HEALTH AND WELFARE FUND,

Defendant-Appellant.

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Appeals from the United States District Court

for the Western District of Texas

(SA-92-CA-329)

_________________________________________________________________

October 11, 1996

Before KING and HIGGINBOTHAM, Circuit Judges, and LAKE*,

District Judge.

PER CURIAM:**

Plaintiffs-appellants, Luis R. Sobrevilla, Sr. and Onelda

Sobrevilla, individually and as next friends of Luis R.
3

Sobrevilla, Jr., and Santa Rosa Health Care Corporation

(collectively, “Santa Rosa”), appeal from the summary judgment

entered by the district court in favor of defendant-appellee,

Central States, Southeast and Southwest Areas Health and Welfare

Fund (the “Fund”). Santa Rosa argues that the Trustees of the

Fund abused their discretion in denying certain medical benefits

for Luis R. Sobrevilla, Jr. Following briefing and oral

argument, we conclude that the district court did not err in

granting summary judgment for the Fund. 

In No. 95-50763, Santa Rosa appeals the order of the

district court denying its motion for attorneys fees. And in No.

95-50722, the Fund appeals the order of the district court

denying its motion for attorneys fees. We are not persuaded that

the district court abused its discretion in denying attorneys

fees to Santa Rosa or the Fund. We do not consider Santa Rosa’s

challenge to the award of costs to the Fund because (as Santa

Rosa concedes) Santa Rosa failed to file a notice of appeal with

respect to such costs.

AFFIRMED.