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HART v. WAL-MART STORES, INC. ASSOCIATES' HEALTH

No. 03-2832.

360 F.3d 674 (2004)

Justin HART, Plaintiff-Appellee, v. WAL-MART STORES, INC. ASSOCIATES' HEALTH AND WELFARE PLAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 1, 2004.

Attorney(s) appearing for the Case

Stacey E. Lynch (argued), Hilfman, Martin & Barr, Chicago, IL, for Plaintiff-Appellee.

John M. Russell (argued), Lawrence & Russell, Memphis, TN, for Defendant-Appellant.

Before CUDAHY, KANNE, and EVANS, Circuit Judges.

CUDAHY, Circuit Judge.

Yogi Berra might describe this case as "deja vu all over again." For if the case seems familiar, it may be because we have decided the precise question presented in this appeal twice before — both times under virtually identical circumstances — and most recently, against the same appellant. See Speciale v. Seybold, 147 F.3d 612 (7th Cir.1998); Blackburn v. Sundstrand Corp.,

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