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ZIMMERMAN v. SLOSS EQUIPMENT, INC.

No. 93-3386.

72 F.3d 822 (1995)

Cheryl R. ZIMMERMAN, Plaintiff-Appellant, v. SLOSS EQUIPMENT, INC., S & N Enterprises, Inc., Richard Sloss, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 29, 1995.

Attorney(s) appearing for the Case

Mark A. Buchanan, of The Popham Law Firm, P.C., Kansas City, Missouri, for Plaintiff-Appellant.

William M. Modrcin (S. Margene Childress with him on the brief), of Hillix, Brewer, Hoffhaus, Whittaker & Wright, L.L.C., Kansas City, Missouri, for Defendants-Appellees.

Before SEYMOUR, Chief Judge, SETH, Senior Circuit Judge, and KANE, Senior District Judge.

SEYMOUR, Chief Judge.

Cheryl Zimmerman brought this action for damages under section 510 of ERISA, 29 U.S.C. § 1140, alleging that defendants discriminated against her and discharged her to avoid paying for her medical benefits. In a pretrial ruling, the district court denied her request for a jury trial and held that she was not entitled to extra-contractual damages. Zimmerman v. Sloss Equipment, Inc., 835 F.Supp. 1283

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