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DVORAK v. METROPOLITAN LIFE INS. CO.

No. 91-2065.

965 F.2d 606 (1992)

Donald DVORAK, Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY; Rockwell International, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 27, 1992.

Attorney(s) appearing for the Case

John M. Heckel, Cedar Rapids, Iowa, argued for appellant.

Alvin Pasternak of New York City, argued (William J. Toppeta, New York City and Thomas P. Luscher, Pittsburgh, Pa., on the brief), for appellees.

Before JOHN R. GIBSON, Circuit Judge, KAUFMAN, Senior District Judge, and MAGILL, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Donald Dvorak appeals from a judgment denying his claim against Metropolitan Life Insurance Company and Rockwell International for nursing home care his wife Mary Ann received after a period of hospitalization. Rockwell, Dvorak's employer, issued a health and welfare benefit plan underwritten by Metropolitan Life. The Plan provided for convalescent nursing home benefits, but excluded "principally custodial" care. The only issue in the...

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