KANSAS, UNIV. OF KAN. HOSP. AUTHORITY v. TITUS

No. 05-2301-JAR.

452 F.Supp.2d 1136 (2006)

State of KANSAS, UNIVERSITY OF KANSAS HOSPITAL AUTHORITY, Plaintiff, v. Brian TITUS, Defendant. Brian Titus, Third-Party Plaintiff, American Italian Pasta Company Employee Health Care Plan, Third-Party Defendant.

United States District Court, D. Kansas.

September 9, 2006.


Attorney(s) appearing for the Case

Gordon E. Wells, Jr., Nicole Yarbrough, Lathrop & Gage, LC, Overland Park, KS, for Plaintiff.

R. Mark Nasteff, Mitchell, Kristl & Lieber, P.C., Kansas City, MO, for Defendant/Third-Party Plaintiff.

Shelley A. Runion, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Third-Party Defendant.


MEMORANDUM ORDER AND OPINION

ROBINSON, District Judge.

This matter comes before the Court on the third-party plaintiff's and third-party defendant's cross motions for summary judgment. Third-party plaintiff, Brian Titus ("Mr.Titus"), moves for summary judgment against third-party defendant, American Italian Pasta Company Employee Health Care Plan ("the AIPC Plan"), on his claim under the Employee Retirement Income Security Act ("ERISA"),

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