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CHRISTIANSON v. POLY-AMERICA, INC. MEDICAL

Nos. 04-1051, 04-1759.

412 F.3d 935 (2005)

Richard CHRISTIANSON, Cross-Appellant/Appellee, v. POLY-AMERICA, INC. MEDICAL BENEFIT PLAN, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2005.

Attorney(s) appearing for the Case

Jeffrey E. Grell, argued, Edina, MN, for appellant.

Mark M. Nolan, argued, St. Paul, MN (Jodell M. Galman, St. Paul on the brief), for appellee.

Before MURPHY, HANSEN, and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

As an employee of Up North Plastics, a subsidiary of Poly-America, Inc., Richard Christianson was a participant in Poly-America's Medical Benefit Plan ("the Plan"). In January 2001 he was diagnosed and treated for deep venous thrombosis ("DVT"). Poly-America denied Christianson's claim for benefits, and Christianson subsequently sued Poly-America pursuant to the Employee Retirement Income Security Act...

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