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K-VA-T FOOD STORES, INC. v. HUTCHINS

Case No. 1:11CV00037.

872 F.Supp.2d 486 (2012)

K-VA-T FOOD STORES, INC., Plaintiff, v. Mark D. HUTCHINS, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

January 20, 2012.

Attorney(s) appearing for the Case

Robert S. Reverski, Jr. , Midkiff, Muncie & Ross, P.C., Richmond, VA, for Plaintiff.

Carl E. McAfee and Joseph R. Carico , Carl E. McAfee, P.C., Norton, VA, for Defendant.

OPINION

JAMES P. JONES, District Judge.

The issue in this ERISA case is whether the undisputed facts are sufficient to grant summary judgment in favor of a plan administrator who seeks reimbursement from the proceeds of an employee's automobile accident settlement for medical benefits paid. I find that summary judgment is appropriate.

I

The plaintiff, K-VA-T Food Stores, Inc. ("K-VA-T"), employed the defendant, Mark D. Hutchins, at one...

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