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WENDY'S INTERN., INC. v. KARSKO

No. 95-3763.

94 F.3d 1010 (1996)

WENDY'S INTERNATIONAL, INC., as Administrator of Wendy's International, Inc. Employee Benefit Program, Plaintiff-Appellant, v. Linda S. KARSKO; Michael A. Karsko; Nationwide Mutual Fire Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 4, 1996.

Attorney(s) appearing for the Case

Algenon L. Marbley (argued and briefed), Brent C. Taggart, Vorys, Sater, Seymour & Pease, Columbus, OH, for Wendy's International, Inc.

Pamela S. Krivda, James Morgan, Hahn, Loeser and Parks, Columbus, OH, for Linda S. Karsko and Michael A. Karsko.

Michael Richard Henry (argued and briefed), Crabbe, Brown, Jones, Potts & Schmidt, Columbus, OH, for Nationwide Mutual Fire Insurance Company.

Before: MERRITT, Chief Judge; KEITH and SUHRHEINRICH, Circuit Judges.

MERRITT, Chief Judge.

Plaintiff Wendy's International appeals from the District Court's grant of summary judgment in favor of the Defendants. Wendy's brought this action on behalf of its Employee Benefit Program Plan under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461 (1988). After one of its plan participants, Linda Karsko, was in an automobile accident caused by an uninsured motorist, Wendy's incurred $66,757.19 in medical...

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