CARR v. GATES HEALTH CARE PLAN

No. 99-1362.

195 F.3d 292 (1999)

Janet CARR, Plaintiff-Appellant, v. The GATES HEALTH CARE PLAN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1999.


Attorney(s) appearing for the Case

Christopher Henson (argued), Mustain, Linstrom & Henson, Galesburg, IL, for plaintiff-appellant.

Gary Nelson, Heyl, Royster, Voelker & Allen, Peoria, IL, Brian J. Spano (argued), Rothgerber, Johnson & Lyons, Denver, CO, for defendant-appellee.

Before BAUER, FLAUM, and RIPPLE, Circuit Judges.


BAUER, Circuit Judge.

Janet Carr was denied benefits under the Gates Health Care Plan ("the Plan"), an employee welfare benefit plan, because the treatment rendered related to a 1979 gastric stapling surgery, specifically excluded under the Plan. The Plan is sponsored by the Gates Corporation, and provides medical benefits, subject to certain limitations and exclusions, to eligible employees of the corporation and their dependants. The District Court held that the...

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