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SWITZER v. WAL-MART STORES, INC.

No. 94-40263.

52 F.3d 1294 (1995)

Lloyd SWITZER, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1995.

Attorney(s) appearing for the Case

Greg Smith, Walter T. Henson, Ramey & Flock, Tyler, TX, for appellant.

Alan Evans Brown, Colley & Ewert, M. Keith Dollahite, Hardy & Atherton, Tyler, TX, for appellee.

Before WISDOM, WIENER and PARKER, Circuit Judges.

WIENER, Circuit Judge.

In this ERISA1 case Defendant-Appellant Wal-Mart Stores, Inc. (Wal-Mart), in its capacity as plan administrator of the Wal-Mart Stores, Inc. Health Benefit Plan (the Wal-Mart Plan), appeals from an adverse ruling of the district court ordering it to reconsider Plaintiff-Appellee Lloyd Switzer's claimed medical expenses. The district court, after acknowledging that a lapse in Switzer's health insurance coverage precluded...

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