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SPECIALE v. SEYBOLD

No. 97-3057.

147 F.3d 612 (1998)

Kimberly SPECIALE, Plaintiff-Appellant, v. Katherine SEYBOLD, Defendant, Administrative Committee of the Wal-Mart Stores, Inc. Associates Health and Welfare Plan, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1998.

Attorney(s) appearing for the Case

James E. Ocasek (argued), Cooney & Conway, Chicago, IL, for Plaintiff-Appellant.

John J. Mangan, Rooks, Pitts & Poust, Lisle, IL, for Defendant.

William A. Chittenden, III, Douglas J. Varga (argued), Peterson & Ross, Chicago, IL, for Respondent-Appellee.

Before POSNER, Chief Judge, WOOD, Jr., and DIANE P. WOOD, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

Kimberly Speciale ("Speciale") suffered injuries as the result of an automobile accident with Katherine Seybold ("Seybold"). The major portion of Speciale's medical expenses was paid by Speciale's health plan offered by her employer, Wal-Mart Stores, Inc. ("Wal-Mart"). The remaining providers filed medical liens.

After filing a tort claim against Seybold in state court, Speciale agreed to settle the claim for $45,000. Speciale...

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