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ERLITZ v. CRACKER BARREL OLD COUNTRY STORE, INC.

No. 4:03 CV 889 CAS.

416 F.Supp.2d 711 (2006)

Alicia E. ERLITZ, Plaintiff, v. CRACKER BARREL OLD COUNTRY STORE, INC., as Plan Administrator, Cracker Barrel Old Country Store, Inc. Employee Term Life, Accidental Death and Dismemberment Benefit Plan (incorrectly named Employee Term Life, Accidental Death and Dismemberment and Dependents Term Life Coverage for All Employees of CBRL Group, Inc. who are (1) Salaried Exempt Home Office and Field Employees, Managers or Officers; and (2) enrolled in the Health and Dental Plan offered by the Employer; other than employees classified by the Employer as Executives), and the Prudential Insurance Company of America, Defendants.

United States District Court, E.D. Missouri, Eastern Division.

January 19, 2006.

Attorney(s) appearing for the Case

Robert D. Arb, Attorney at Law, Valley Park (St.Louis), Counsel for Plaintiff.

John F. Kuenstler, Barnes & Thornburg LLP, Chicago, IL, Counsel for Defendants Cracker Barrel Old Country Store, Inc. and Cracker Barrel Old Country Store Group Life Insurance Plan.

Daniel S. Tranen, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Chicago, IL, Counsel for Defendant Prudential Insurance Company of America.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SHAW, District Judge.

This matter is before the Court following a trial before the Court. Having considered the pleadings, trial testimony, and exhibits, the Court hereby makes and enters the following findings of fact and conclusions of law in accordance with Fed. R.Civ.P. 52.

Plaintiff Alicia Erlitz filed this lawsuit against Cracker Barrel Old Country Store, Inc. ("Cracker Barrel") and Cracker Barrel...

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