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WAUPACA FOUNDRY, INC. v. GEHLHAUSEN

No. EV99-0019-C-Y/H.

104 F.Supp.2d 1052 (2000)

WAUPACA FOUNDRY, INC., as Plan Administrator for The Medical and Disability Plan for Employees of Waupaca Foundry, Inc., Plaintiff, v. Timothy GEHLHAUSEN, Denise Gehlhausen, and Ashlyn Gehlhausen, a Minor, through her Parents, Timothy Gehlhausen and Denise Gehlhausen, Defendants.

United States District Court, S.D. Indiana, Evansville Division.

June 30, 2000.

Attorney(s) appearing for the Case

Letha S. Kramer, Hall, Render, Killian, Heath & Lyman, Indianapolis, IN, for plaintiff.

Rhoda Grossberg Faller, Kevin J. Renfro, Becker Law Office, Louisville, KY, for Defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.

Waupaca Foundry, Inc. ("Waupaca") brought this lawsuit against a five-year-old girl named Ashlyn Gehlhausen and her parents, Timothy and Denise. Pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), Waupaca seeks declaratory and injunctive relief regarding its subrogation rights under an employee benefit plan. This matter is now before the court on Waupaca's motion for summary judgment filed...

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