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CITY OF LOUISVILLE v. McDONALD

No. 90-CA-002356-MR.

819 S.W.2d 319 (1991)

CITY OF LOUISVILLE, Appellant, v. Mary C. McDONALD and Karol McDonald On behalf of themselves and all others similarly situated, to include: Rena Beasley, Clovene, Carrie Jean Lotze, James Quisenberry, Sheila Thurman, Doris Tinsley, Shelley Welch and Gloria Williams, Appellees.

Court of Appeals of Kentucky.

November 22, 1991.

Attorney(s) appearing for the Case

Winston E. King, John Michael Brown, Louisville, for appellant.

Harry L. Hargadon, Jr., Hargadon, Lenihan, Harbolt, Breen & Herrington, Louisville, for appellees.

Before CLAYTON, DYCHE and STUMBO, JJ.

CLAYTON, Judge:

This appeal arises from a declaratory judgment action filed by appellees to construe the Coordination of Benefits clause and the Subrogation clause of the City of Louisville's Health Benefits Plan. The claim was certified as a class action. The Jefferson Circuit Court entered judgment declaring that neither clause allowed the City to avoid payment under the Plan. After appropriate money judgments were entered on the various claims, the City appealed...

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