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DAVIS v. KENTUCKY FINANCE COS. RETIREMENT PLAN

No. 88-6067.

887 F.2d 689 (1989)

Misty Dawn DAVIS, an infant under eighteen years of age, by and through the Guardian, FARMERS BANK & CAPITAL TRUST CO. OF FRANKFORT, KENTUCKY, Plaintiff-Appellant, v. KENTUCKY FINANCE COS. RETIREMENT PLAN; Kentucky Finance Cos. Retirement Plan, Retirement Committee; Kentucky Finance Co., Inc.; and Central Bank & Trust Co., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 12, 1989.

Rehearing Denied December 4, 1989.

Attorney(s) appearing for the Case

William R. Meredith (argued), Harrodsburg, Ky., for plaintiff-appellant.

Henry E. Kinser (argued), Kincaid, Wilson, Schaeffer, Hembree, Van Inwegen & Kinser, Lexington, Ky., for defendants-appellees.

Before BOGGS, Circuit Judge; ENGEL, Senior Circuit Judge and GIBSON, District Judge.

BOGGS, Circuit Judge.

Misty Dawn Davis (Davis) appeals from the district court's summary judgment denying her death benefits as her father's beneficiary. Her father, Kenneth Davis, a former employee of Kentucky Finance Company, Inc. (KFC), was murdered by his wife. The dispute concerns whether the decedent still was employed by KFC at the time of his death. The district court denied Davis's claim for death benefits, finding...

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