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STURGES v. HY-VEE EMPLOYEE BEN. PLAN AND TRUST

Nos. 92-2579, 92-2633.

991 F.2d 479 (1993)

Thomas STURGES, Appellee, v. HY-VEE EMPLOYEE BENEFIT PLAN AND TRUST, Appellant. Thomas STURGES, Appellant, v. HY-VEE EMPLOYEE BENEFIT PLAN AND TRUST, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 16, 1993.

Attorney(s) appearing for the Case

Thomas M. Frankman, Sioux Falls, argued, for appellant/cross appellee.

Jerry L. Pollard, Yankton, argued, for appellee/cross appellant.

Before FAGG, MAGILL, and HANSEN, Circuit Judges.

PER CURIAM.

Thomas Sturges, a Hy-Vee employee, brought this action against the Hy-Vee Employee Benefit Plan and Trust (Hy-Vee), the administrator of an ERISA plan, after Hy-Vee denied health care coverage for Sturges's newborn daughter, Andrea, under Sturges's preexisting dependent coverage. Recognizing the plan gives Hy-Vee discretionary authority to construe the plan, the district court reviewed Hy-Vee's plan interpretation under the deferential standard of review...

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