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BYRD v. MacPAPERS, INC.

No. 91-3029.

961 F.2d 157 (1992)

Linda BYRD, Individually, and Linda Byrd, as Executive of the Estate of James Fred Byrd, Plaintiff-Appellant, v. MacPAPERS, INC., Medcom Services, Inc., Sun Life Assurance Company of Canada, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 13, 1992.

Attorney(s) appearing for the Case

Mark F. Kelly, Kelly & McKee, P.A., Tampa, Fla., for plaintiff-appellant.

Stephen H. Durant, Martin, Ade, Birchfiedl & Mickler, Susan S. Oosting, Jacksonville, Fla., for MacPapers and Medcom Services, Inc.

Edward C. LaRose, Marie Tomassi, Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Tampa, Fla., for Sun Life.

Before HATCHETT and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

Plaintiff Byrd sued MacPapers, her deceased husband's former employer, Medcom Services, administrator of MacPapers' employee benefits plan, and Sun Life, insurer of MacPapers' employee benefits plan, in three counts. Count I alleged that MacPapers discharged her husband in January 1986 in violation of § 510 of the Employee Retirement Income Security Act of 1974 ["ERISA"], 29 U.S.C.A. § 1140 (West 1985 & Supp.1991), in retaliation...

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