EDUCARE COMMUNITY LIVING CORP. — TEX. v. WILMORE

No. 1:97-CV-0006.

976 F.Supp. 1041 (1997)

EDUCARE COMMUNITY LIVING CORPORATION — TEXAS, d/b/a Educare Community Living Center, as Administrator of the Employee Health and Safety Program Benefit Plan of Educare Community Living Corporation —Texas, Plaintiff, v. Elizabeth B. WILMORE, Defendant.

United States District Court, E.D. Texas, Beaumont Division.

September 19, 1997.


Attorney(s) appearing for the Case

Travis Rex Brewer, Martin & Associates, Austin, TX, for Plaintiff.

Steven Carl Barkley, Beaumont, TX, for Defendant.


MEMORANDUM OPINION

COBB, District Judge.

Before this Court is Plaintiff's Motion for Summary Judgment, filed by Educare Community Living Corporation. Plaintiff filed the underlying action for breach of contract, for equitable relief to enforce the terms of an ERISA plan, and for a declaratory judgment of the rights and obligations of the parties. For the reasons stated below, this Court finds that Plaintiff is not entitled to summary judgment as a...

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