ORDER
HORTON, District Judge.
This is an action involving defendant International Harvester's non-contributory retirement plan in which the plaintiff, Jimmie Sue Gibson, seeks to be awarded survivor benefits under the plan. The defendant filed a counterclaim seeking return of funds it alleges were paid to plaintiff by mistake. Jurisdiction of this Court is based on diversity of citizenship pursuant to 28 U.S.C. § 1332. The case was tried, without a...
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