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EVANS v. W.E.A. INS. TRUST

122 Wis.2d 1 (1985)

361 N.W.2d 630

Jeff EVANS and Demaris Evans, Plaintiffs-Respondents, v. W.E.A. INSURANCE TRUST, Defendant-Appellant. [Case No. 83-817.] John A. OLSON and Mary Jane Olson, Plaintiffs-Respondents, v. W.E.A. INSURANCE TRUST, Defendant-Appellant. [Case No. 83-1061.]

Supreme Court of Wisconsin.

Decided January 31, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by William Haus, Simon Karter and Kelly, Haus & Katz, Madison, and oral argument by Mr. Karter.

For the plaintiffs-respondents in case no. 83-817 there was a brief by Russell J. Reff and Flanagan & Reff, Oshkosh, and oral argument by Russell J. Reff.

For the plaintiffs-respondents in case no. 83-1061 there was a brief by Francis J. Slattery and Nolan, Engler, Yakes & Bauer, S.C., Oshkosh, and oral argument by Mr. Slattery.

HEFFERNAN, C.J.

These are appeals from two judgments of the circuit court for Winnebago county. We affirm. This court on May 1, 1984, accepted these appeals on a consolidated certification of the court of appeals. Both cases arise out of claims under a health insurance plan covering employees of the Oshkosh public schools or members of their families. The plan is subject to the Federal Employee Retirement Income Security Act (ERISA), 29 U.S.C. sec. 1001, et seq. The...

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