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WALLER v. HORMEL FOODS CORP.

Nos. 96-2080, 96-2231.

120 F.3d 138 (1997)

Thomas WALLER; Judith Waller, Plaintiffs-Appellants/Cross-Appellees, v. HORMEL FOODS CORPORATION; Hormel Foods Corporation Medical Plan, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1997.

Suggestion for Rehearing and Rehearing Denied August 21, 1997.

Attorney(s) appearing for the Case

Thomas J. Conlin, Minneapolis, MN, argued (Roman Lifson, Minneapolis, MN, on the brief), for Plaintiffs-Appellants/Cross-Appellees.

Larry A. Hanson, St. Paul, MN, argued (James E. Blaney, St. Paul, MN, on the brief), for Defendants-Appellees/Cross-Appellants.

Before MAGILL, HEANEY, and LOKEN, Circuit Judges.

Suggestion for Rehearing and Rehearing En Banc Denied August 21, 1997.

LOKEN, Circuit Judge.

Thomas and Judith Waller received medical benefits from the Hormel Foods Corporation Medical Plan (the "Plan"), a plan governed by the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. ("ERISA"). They appeal the district court's1 decision that the Plan's subrogation clause grants it a first priority claim...

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