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MANNY v. CENTRAL STATES

No. 04-1797.

388 F.3d 241 (2004)

Terry L. MANNY, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION AND HEALTH AND WELFARE FUNDS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 2004.

Attorney(s) appearing for the Case

Gregory A. Adamski, Edward H. Bogle (argued), Adamski & Conti, Chicago, IL, for Plaintiff-Appellant.

Francis J. Carey (argued), Central States, Southeast & Southwest Areas Pension Fund, Rosemont, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, and BAUER and POSNER, Circuit Judges.

POSNER, Circuit Judge.

Terry Manny, a 58-year-old truck driver who is a participant in an ERISA welfare plan, asked the trustees who administer the plan to cover the expense of a proposed gastric-bypass operation. Manny, who is 6 foot 1 inch tall and weighs 470 pounds, suffers from a variety of serious health conditions undoubtedly caused or exacerbated by his obesity, including type 2 diabetes (his pancreas produces insulin, but not enough to eliminate excess sugar...

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