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GIVENS v. WAL-MART STORES, INC.

No. 8:03 CV 22.

327 F.Supp.2d 1057 (2003)

Virgilia GIVENS and Raymond Givens, Plaintiffs, v. WAL-MART STORES, INC. AND ASSOCIATES' HEALTH AND WELFARE PLAN and Administrative Committee of the Wal-Mart Store's, Inc. Associates' Health and Welfare Plan, Defendants.

United States District Court, D. Nebraska.

August 20, 2003.

Attorney(s) appearing for the Case

Barbara K. Medbery, Hauptman, O'Brien Law Firm, Omaha, NE, for Raymond Givens.

Christopher A. Hedican and Heidi A. Guttau-Fox, Baird, Holm Law Firm, Omaha, NE, for Administrative Committee of Wal-Mart Store's Inc. Associates Health and Welfare Plan..

MEMORANDUM AND ORDER

SHANAHAN, District Judge.

This matter is before the court on Filing No. 11, the Defendants' "Motion for Summary Judgment." For the reasons cited herein, the court denies the motion for summary judgment.

I. BACKGROUND

On or about March 6, 2000, Plaintiff Virgilia Givens was involved in an accident with a non-party tortfeasor. Virgilia Givens received medical treatment for the injuries she sustained in the accident at...

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