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  5. 19 F.Supp.2d 584 (1998)
 

GREAT-WEST LIFE & ANNUITY INS. CO. v. BARNHART

Civil Action No. 5:97CV178.

19 F.Supp.2d 584 (1998)

GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY, Michelle Graybill, as Plan Administrator of The Health and Welfare Plan for Employees of Allegheny Airlines and The Health and Welfare Plan for Employees of Allegheny Airlines, Plaintiffs, v. Theresa BARNHART, Defendant.

United States District Court, N.D. West Virginia.

September 4, 1998.

Attorney(s) appearing for the Case

Suzanne Quinn, Bachmann, Hess, Bachmann & Garden, Wheeling, Paige S. Roselle, Atlanta, GA, Thomas H. Lawrence, Lewis, Fisher, Henderson & Claxton, L.L.P., Memphis, TN, for Plaintiffs.

Allison Adyniec Cowden, Sellitti, Nogay & McCune, Weirton, WV, for Defendant.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, GRANTING PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFFS' MOTION TO DISMISS

STAMP, Chief Judge.

I. Introduction

This case presents this Court with an issue of first impression in this circuit: whether the "make-whole" doctrine applies, as a matter of federal common law, to subrogation and/or reimbursement provisions under...

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