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THOMPSON v. TALQUIN BLDG. PRODUCTS CO.

No. 90-2109.

928 F.2d 649 (1991)

Pat THOMPSON; Don Thompson, Plaintiffs-Appellants, v. TALQUIN BUILDING PRODUCTS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 1991.

Attorney(s) appearing for the Case

F. Guthrie Gordon, III, argued (Janice L. Redinger, on brief), Gordon & Wyatt, Charlottesville, Va., for plaintiffs-appellants.

Jeffrey Grant Lenhart, argued (Gregory T. St. Ours, on brief), Wharton, Aldhizer & Weaver, Harrisonburg, Va., for defendant-appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and MERHIGE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

PHILLIPS, Circuit Judge:

Don and Pat Thompson (the Thompsons) challenge the district court's holding that Talquin Building Products Company's (Talquin) health plan for employees (the Plan) did not cover Don Thompson's medical expenses resulting from a motor vehicle accident. Although the Plan specifically excludes such expenses from coverage, the Thompsons claim that Virginia state law prohibits this exclusion. The district court held that the Employee Retirement...

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