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SHAW v. McFARLAND CLINIC, P.C.

No. 02-3897, 03-1167.

363 F.3d 744 (2004)

Debra SHAW, Plaintiff-Appellee, v. THE MCFARLAND CLINIC, P.C., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 13, 2004.

Rehearing and Rehearing Denied June 1, 2004.

Attorney(s) appearing for the Case

Michael W. Thrall, argued, Des Moines, Iowa, for appellant.

Zorica Ilic, argued, Des Moines, Iowa, for appellee.

Before RILEY, LAY, and HEANEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 1, 2004.*

LAY, Circuit Judge.

Debra Shaw brought the present Employee Retirement Income Security Act of 1974 ("ERISA") action against her employer seeking to recover benefits she alleged were due her under a health benefit plan. The district court1 granted summary judgment in favor of Shaw, and we affirm.

I. BACKGROUND

Debra Shaw is Iowa...

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