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BIOMET, INC. HEALTH BENEFIT PLAN v. BLACK

No. 3:98 CV 348 AS.

51 F.Supp.2d 942 (1999)

BIOMET, INC. HEALTH BENEFIT PLAN, Plaintiff, v. Marita BLACK, Kelcey Black, Rochester City Dray, Inc., Gary A. Houser, and Carolina Casualty Company, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

May 21, 1999.

Attorney(s) appearing for the Case

Stephanie A. Smithey, Gary J. Dankert, Ice Miller Donadio and Ryan, Indianapolis, IN, for Biomet Inc. Health Banefit Plan, plaintiff.

Keith A. Gaston, Cynthia M. Locke, White and Raub, Indianapolis, IN, for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This cause is before the Court on Plaintiff's Motion for Summary Judgment and Defendants' counter-motion for Judgment on the Pleadings. The Court heard oral argument on May 10, 1999 and the parties have fully briefed the issues. Having considered same, the Court now addresses both motions.

JURISDICTION

Jurisdiction is based upon the Employee Retirement Income Security Act ...

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