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ROBERTS v. THORN APPLE VALLEY, INC.

No. 90-NC-0063-S.

784 F.Supp. 1538 (1992)

Clinton ROBERTS, By and Through his Guardian, Karen ROBERTS, and Karen Roberts, individually, Plaintiff, v. THORN APPLE VALLEY, INC., Tri-Miller Packing Co., and Miller Transport, Defendant.

United States District Court, D. Utah, N.D.

February 27, 1992.

Attorney(s) appearing for the Case

James D. Vilos, Robert B. Sykes, Salt Lake City, Utah, for plaintiff.

Gary L. Johnson, Richards, Brandt, Miller & Nelson, Salt Lake City, Utah, for defendant.

MEMORANDUM DECISION AND ORDER

SAM, District Judge.

This matter is before the Court on defendant Thorn Apple Valley's objection to the magistrate judge's Report & Recommendation. The objection is directed at the magistrate judge's interpretation of the Supreme Court's recent decision in Ingersoll-Rand v. McClendon, ___ U.S. ___, 111 S.Ct. 478, 112 L.Ed.2d 474 (1990), as permitting punitive damages and jury trials in ERISA cases.

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