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KIMMEL v. TEXAS COMMERCE BANK

No. 86-2449.

817 F.2d 39 (1987)

Kirk KIMMEL and Carolyn Kimmel, Individually and as Guardians and Next Friends of Logan Kimmel, a minor, Plaintiffs-Appellants, v. TEXAS COMMERCE BANK, Trustee of the Group Medical Plan for Employees of Houston Industries, Inc., Houston Lighting & Power Co., Primary Fuels, Inc., and Utility Fuels, Inc., and Compensation and Benefits Committee of Houston Industries Incorporated, Plan Administrators of Group Medical Plan for Employees of Houston Industries, Inc., Houston Lighting & Power Co., Primary Fuels, Inc., and Utility Fuels, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 27, 1987.

Rehearing and Rehearing Denied June 25, 1987.

Attorney(s) appearing for the Case

Mark D. DeBofsky, DeBofsky & DeBofsky, Chicago, Ill., for plaintiffs-appellants.

William I. Covey, Heyl, Royster, Voelker & Allen, Peoria, Ill., for defendants-appellees.

Before COFFEY, FLAUM and EASTERBROOK, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 25, 1987.

FLAUM, Circuit Judge.

The district court dismissed Kirk and Carolyn Kimmel's ERISA claim as barred by the doctrine of res judicata, and the Kimmels appealed. We affirm the district court's judgment.

I.

On September 11, 1984, the Kimmels filed a diversity action in the United States District Court for the Central District of Illinois against Kirk Kimmel's employer, Houston Lighting and...

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