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WAUSAU BENEFITS v. PROGRESSIVE INS. CO.

No. CIV.A. 2:02-CV-107.

270 F.Supp.2d 980 (2003)

WAUSAU BENEFITS, et al., Plaintiffs, v. PROGRESSIVE INSURANCE COMPANY, et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

July 9, 2003.

Attorney(s) appearing for the Case

Daran P. Kiefer, Kreiner & Peters Co., Cleveland, OH, for Plaintiffs.

Jeffrey J. Madrzykowski, Ted B. Riley, Manahan, Pietrykowski, Bamman & Delaney, Toledo, OH, Joel S. McPherson, Hyatt Legal Services, Springfield, OH, J. Richard Brown, Office of J. Richard Brown—2, Dublin, OH, Rudy A. Bisciotti, Edward M. Ryder, Mazanec Raskin & Ryder Co. LPA, Columbus, OH, Steven D. Christopher, Findlay, OH, for Defendants.

OPINION AND ORDER

KING, United States Magistrate Judge.

This is an action for a constructive trust and equitable lien to restore assets to the Kohl's Department Stores Employee Benefit Plan (hereinafter "Plan") in connection with benefits paid on behalf of the participant insureds, defendants Carrie and Bradford Miller (hereinafter "the Millers"), for injuries allegedly caused by defendant Driggers' negligence, for which defendant Progressive Insurance...

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