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FALLO v. PICCADILLY CAFETERIAS, INC.

No. 97-30874.

141 F.3d 580 (1998)

Scott FALLO; Kasey Fallo, Plaintiffs-Appellants, v. PICCADILLY CAFETERIAS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 29, 1998.

Attorney(s) appearing for the Case

Susanne Samuel Cambre, Stephen I. Dwyer, Gregory J. Charles, Dwyer & Cambre, Metairie, LA, for Plaintiffs-Appellants.

Julie DiFulco Robles, Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for Defendant-Appellee.

Before WISDOM, JOLLY and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

Following the termination of Scott Fallo's employment with Piccadilly Cafeterias, Scott and Kasey Fallo attempted to extend their health insurance coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)1 and Piccadilly's Health Benefits Plan (the Plan) because of Kasey Fallo's disability. The district court denied the Fallos motion for summary judgment and granted Piccadilly...

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