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ROSS v. DIVERSIFIED BEN. PLANS, INC.

No. 93 C 7306.

881 F.Supp. 331 (1995)

Andrew ROSS and Druezisla Ross, Plaintiffs, v. DIVERSIFIED BENEFIT PLANS, INC., The Business Insurance Trust, and "The Plan", Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 15, 1995.

Attorney(s) appearing for the Case

Michael Peter Concannon, Raymond P. Concannon, Ltd., Chicago, IL, for plaintiffs Andrew Ross, Druezisla Ross.

Paul L. Jackson, Roetzel and Andress, Akron, OH, Douglas Mark Brown, Law Offices of Douglas M. Brown, Chicago, IL, for defendants Diversified Benefit Plans, Inc., Business Ins. Trust, The Plan.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Before the Court are plaintiffs' and defendants' cross motions for summary judgment. For the reasons stated herein, defendants' motion is denied, plaintiffs' motion is denied, and the case is remanded to Diversified Benefit Plans, Inc. for a new determination of Mr. Ross' claim.

Facts

Plaintiff, Andrew Ross ("Mr. Ross"), works as a greaser-mechanic for Yellow Cab Company...

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