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SWEENEY v. GERBER PRODUCTS CO. MED. BENEFITS PLAN

No. CV 89-0-669.

728 F.Supp. 594 (1989)

Patricia SWEENEY, Plaintiff, v. GERBER PRODUCTS COMPANY MEDICAL BENEFITS PLAN, Defendant.

United States District Court, D. Nebraska.

December 20, 1989.

Attorney(s) appearing for the Case

James R. Welsh, Omaha, Neb., for plaintiff.

Thomas E. Johnson and Steven D. Davidson, Omaha, Neb., for defendant.

MEMORANDUM OPINION AND ORDER

CAMBRIDGE, District Judge.

INTRODUCTION

This matter is before the Court for decision following an expedited two and one-half day trial of a claim brought under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. A hearing on a claim for a preliminary injunction was combined with the trial on the merits.

The Court has considered the pleadings, the testimony of the witnesses...

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