CANNON v. WITTEK COMPANIES, INTERN.

No. 94-3123.

60 F.3d 1282 (1995)

Holly CANNON, Plaintiff-Appellant, v. WITTEK COMPANIES, INTERNATIONAL, Carmen Viana, Individually and in her capacity as CEO, President and Administrator of the benefit plans of Wittek Companies International and Health Care Service Corporation, a Mutual Legal Reserve Company, the Blue Cross Blue Shield Plan serving the State of Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 1995.


Attorney(s) appearing for the Case

John W. Robertson, Carl E. Hawkinson, Barash & Stoerzbach, Galesburg, IL, for Holly Cannon.

W. Thomas Johnston, Quinn, Johnston, Henderson & Pretorius, Peoria, IL (argued) for Wittek Companies, Intern. and Carmen Viana.

Thomas P. Higgins (argued), Katherine S. Gorman, Prusak & Winne, Peoria, IL, for Health Care Service Corp.

Before POSNER, Chief Judge, ROVNER, Circuit Judge, and MORAN, District Judge.


ILANA DIAMOND ROVNER, Circuit Judge.

This case presents the question of whether Holly Cannon was wrongly denied insurance benefits in violation of ERISA, 29 U.S.C. § 1132(a)(1)(B). On cross motions for summary judgment, the district court found that Cannon was not eligible for benefits under the terms of the insurance plan at issue, and therefore granted summary judgment in favor of the defendants.

I. BACKGROUND

The parties do not dispute the...

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