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UNIVERSITY HOSPITALS OF CLEVELAND v. EMERSON ELEC.

No. 98-4061.

202 F.3d 839 (2000)

UNIVERSITY HOSPITALS OF CLEVELAND, Plaintiff-Appellant, v. EMERSON ELECTRIC COMPANY and Emerson Electric Company Benefit Plan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided: February 1, 2000.

Rehearing and Suggestion for Rehearing Denied March 3, 2000.

Attorney(s) appearing for the Case

Daniel W. Dreyfuss (argued and briefed), Daniel W. Dreyfuss Co., Cleveland, Ohio, for Plaintiff-Appellant.

Phillip J. Campanella (argued and briefed), Calfee, Halter & Griswold, Cleveland, OH, for Defendants-Appellees.

Before: NELSON and MOORE, Circuit Judges, and ROSEN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 3, 2000.*

ROSEN, D. J., delivered the opinion of the court, in which MOORE, J., joined. NELSON, J. (pp. 852-54), delivered a separate dissenting opinion.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

Plaintiff/Appellant University Hospitals of Cleveland ("UHOC") appeals from the most recent award of summary judgment in favor...

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