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LANCASTER v. U.S. SHOE CORP.

No. C-95-0873.

934 F.Supp. 1137 (1996)

John G. LANCASTER, Sr., as Conservator of the Person and Estate of Donald A. Lancaster, Plaintiff, v. The UNITED STATES SHOE CORP., Defendant. The UNITED STATES SHOE CORP., Counter-Complainant, v. John G. LANCASTER, Sr., as Conservator of the Person and Estate of Donald A. Lancaster, Counter-Defendant.

United States District Court, N.D. California.

August 8, 1996.

Attorney(s) appearing for the Case

Kenneth W. Pritikin, Foley, McIntosh & Foley, Lafayette, CA, for Plaintiff/Counter-Defendant John G. Lancaster.

Michelle D. Astabie, Robert M. Pattison, Michael D. Jacobster, Jackson, Lewis, Schnitzler & Krupman, San Francisco, CA, for Defendant/Counter-Complainant The United States Shoe Corp.

OPINION AND ORDER ON MOTION FOR SUMMARY ADJUDICATION

BRAZIL, United States Magistrate Judge.

I. INTRODUCTION

Donald Lancaster ("Lancaster") suffered serious head injuries after being hit by a car. He is now confined in a nursing home, where he needs total assistance for virtually all his daily living activities. Lancaster's conservator enrolled him in United States Shoe ("U.S. Shoe") Corporation's health care plan for retirees. U.S. Shoe has declined...

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