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SCHAUB v. CONSOL. FREIGHTWAYS EXT. SICK PAY PLAN

No. IP 94-488 C.

895 F.Supp. 1136 (1995)

Robert SCHAUB, Plaintiff, v. CONSOLIDATED FREIGHTWAYS, INC. EXTENDED SICK PAY PLAN, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

August 4, 1995.

Attorney(s) appearing for the Case

David W. Gray, Lewis & Kappes, Indianapolis, IN, for plaintiff.

Michael G. Paton, Howard E. Kochell, Barnes & Thornburg, Indianapolis, IN, for defendant.

BARKER, Chief Judge.

Robert Schaub (the "Plaintiff") contends that Consolidated Freightways Inc. Extended Sick Pay Plan (the "Defendant" or the "Plan") violated ERISA § 503, 29 U.S.C. § 1133 (1985), by failing to provide adequate notice of Schaub's alternatives when the Plan terminated Schaub's long-term disability benefits. Schaub also contends that the Plan acted arbitrarily or capriciously in terminating his benefits with no more evidence of his employability...

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