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GLOCKER v. W.R. GRACE & CO.

No. 91-2262.

974 F.2d 540 (1992)

Elma A. GLOCKER, Personal Representative of Edwin L. Glocker, Plaintiff-Appellant, v. W.R. GRACE & COMPANY; Aetna Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1992.

Attorney(s) appearing for the Case

Peter Baldwin Turney, Baltimore, Md., argued for plaintiff-appellant.

Jeffrey Peabody Ayres, Venable, Baetjer & Howard, Baltimore, Md., argued (Todd J. Horn, Venable, Baetjer & Howard, on the brief), for defendants-appellees.

Before RUSSELL, Circuit Judge, BUTZNER, Senior Circuit Judge, and SIMONS, Senior United States District Judge for the District of South Carolina, sitting by designation.

BUTZNER, Senior Circuit Judge:

Elma A. Glocker, personal representative of her deceased husband (Mrs. Glocker), sued W.R. Grace & Co. and Aetna Life Insurance Company pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA). In count one, Mrs. Glocker seeks reimbursement under Grace's retiree's employee welfare benefit plan and medicare supplement benefits plan (collectively, Plan) for the cost of private duty nursing...

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