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IBP, INC. v. FOUST

No. C 97-4005.

987 F.Supp. 714 (1997)

IBP, INC., Plaintiff, v. Michael L. FOUST, et al., Defendants.

United States District Court, N.D. Iowa, Western Division.

December 1, 1997.

Attorney(s) appearing for the Case

Theodore F. Sporer, W. Des Moines, IA, for plaintiff.

Willis J. Hamilton, Storm Lake, IA, for defendants.

MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

ZOSS, United States Magistrate Judge.

I. INTRODUCTION

This dispute concerns whether an employee benefit plan with a "full reimbursement" subrogation provision must contribute to the legal expenses incurred by a plan participant to recover from a third party tort-feasor.

On June 24, 1997, the parties consented to have this matter decided by the...

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