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BIRDSELL v. UNITED PARCEL SERVICE OF AMERICA, INC.

No. 4:94CV01592 GFG.

903 F.Supp. 1338 (1995)

Don BIRDSELL, Plaintiff, v. UNITED PARCEL SERVICE OF AMERICA, INC., UPS Health and Welfare Plan, and Aetna Life and Casualty Company, Defendants.

United States District Court, E.D. Missouri, Eastern Division.

October 19, 1995.

Attorney(s) appearing for the Case

Susan H. Mello, St. Louis, MO, for Don Birdsell.

David W. Welch, Lashly and Baer, St. Louis, MO, for United Parcel Service of America Inc., UPS Health and Welfare Plan.

Quentin L. Brown, Peter F. Travis, John C. Cowden, Patricia A. Sexton, Baker and Sterchi, Kansas City, MO, for Aetna Life & Casualty, Inc.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendants' motions for summary judgment.

Plaintiff filed suit against his employer, United Parcel Service of America, Inc. and UPS Health and Welfare Plan (collectively "UPS"), and Aetna Life and Casualty Company (Aetna) pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. As an employee of UPS, plaintiff is a participant...

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