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DAIMLERCHRYSLER CORP. HEALTHCARE BEN. v. DURDEN

No. 05-1662.

448 F.3d 918 (2006)

DAIMLERCHRYSLER CORPORATION HEALTHCARE BENEFITS PLAN; DaimlerChrysler Group Insurance Program; DaimlerChrysler Corporation; DaimlerChrysler-UAW Pension Plan, Plaintiffs-Appellees, v. Ann DURDEN, Defendant-Appellant, Rita Lorraine Marshall-Durden, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 26, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Alan R. Kirshner, Toledo, Ohio, for Appellant. Jerry R. Swift, Dean & Fulkerson, Troy, Michigan, for Appellees.

Before: MERRITT, MARTIN, and McKEAGUE, Circuit Judges.

McKEAGUE, J., delivered the opinion of the court, in which MARTIN, J., joined. MERRITT, J. (p. 928-929), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

This appeal involves an interpleader action filed by a pension plan seeking a declaration of which of two claimants is decedent, Douglas Durden's surviving spouse. The district court granted summary judgment in favor of Rita...

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