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OWENS v. STOREHOUSE, INC.

No. 91-8696.

984 F.2d 394 (1993)

Richard OWENS, Plaintiff, Aaron Durall Beavers, Executor of the estate of Richard Owens, deceased, Plaintiff-Appellant, v. STOREHOUSE, INC., and Klais and Company, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 25, 1993.

Attorney(s) appearing for the Case

Chip Rowan, Steven D. Caley, Atlanta, GA, for plaintiff-appellant.

Michael T. Isbell, Lambda Legal Defense & Educ. Fund, Ruth E. Harlow, American Civil Liberties Union Foundation, New York City, for amicus curiae American Public Health Ass'n, et al.

Richard L. Robbins, Judith A. O'Brien, Sutherland, Asbill & Brennan, Atlanta, GA, for defendants-appellees.

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

DUBINA, Circuit Judge:

Richard Owens ("Owens") sued his former employer, Storehouse, Inc. ("Storehouse"), claiming that Storehouse's modification of its employee health plan to include a lifetime benefits cap of $25,000 for AIDS-related claims violated section 510 of the Employee Retirement Income Security Act of 1974, Pub.L. No. 93-406, 88 Stat. 829, as amended, 29 U.S.C. §§ 1001-1461 ("ERISA").1 The district court granted summary...

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