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DALEY v. MARRIOTT INTERN., INC.

No. 04-2643, 04-2651.

415 F.3d 889 (2005)

Tracey DALEY, and other similarly situated persons, Appellant, v. MARRIOTT INTERNATIONAL, INC., Appellee. Tracey Daley, Appellant, v. Marriott Health Plan; Empire Blue Cross/Blue Shield, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2005.

Attorney(s) appearing for the Case

Michael B. Kratville, argued, Omaha, NE, for appellant.

Rachel K. Alexander, argued, Omaha, NE (Christopher E. Hoyme, Omaha, NE, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Tracey Daley ("Daley") filed a complaint against the Marriott Health Plan (the "Plan")1 and Empire Blue Cross/Blue Shield ("Empire") for breach of contract under state law and breach of fiduciary duty under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 ("ERISA"). Daley alleged that the Plan failed to provide mental-health coverage in accordance with Nebraska's mental-health parity...

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