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HUTCHINS v. CHAMPION INTERN. CORP.

No. 96-3543.

110 F.3d 1341 (1997)

Duane HUTCHINS; Marcia Hutchins, individually and as mother and natural guardian of the minor children of Duane Hutchins, Plaintiffs/Appellees, v. CHAMPION INTERNATIONAL CORPORATION, Long Term Disability Benefits Plan for Salaried Employees # 506 (the "Plan"); Champion International Corporation, Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1997

Rehearing and Suggestion for Rehearing Denied May 13, 1997.

Attorney(s) appearing for the Case

David A. Ranheim, Minneapolis, MN, argued (Michael J. Wahoske, Matthew E. Klein, on the brief), for defendants/appellants.

Frank J. Rajkowski, St. Cloud, MN, argued (Brain Williams, on the brief), for plaintiffs/appellees.

Before MAGILL, MURPHY, Circuit Judges, and Goldberg, Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 13, 1997.

MURPHY, Circuit Judge.

Champion International Corporation amended its Long-Term Disability Benefits Plan (plan) to exclude benefits to people who are incarcerated after Duane Hutchins, a plan participant, pled guilty to burglary and was sentenced to prison. Hutchins brought this action to recover benefits lost because of his incarceration. On cross-motions for summary judgment the district...

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