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ROLF v. HEALTH & WELFARE PLAN FOR CRACKER BARREL

Civil Action No. 97-2386-GTV.

25 F.Supp.2d 1200 (1998)

Rachel ROLF, Plaintiff, v. HEALTH AND WELFARE PLAN FOR EMPLOYEES OF CRACKER BARREL OLD COUNTRY STORE, INC., Defendant.

United States District Court, D. Kansas.

September 11, 1998.

Attorney(s) appearing for the Case

Timothy M. O'Brien, Celia K. Garrett, Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Plaintiff.

Stanley N. Wilkins, Turner & Boisseau, Chartered, Overland Park, KS, Karen LC Ellis, Bass, Berry & Sims P.L.C., Nashville, TN, for Defendant.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiff, a participant in defendant's employee welfare benefit plan ("the Plan"), brought suit against the Plan under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., to recover medical disability benefits stemming from her pre-existing asthmatic condition. The plan administrator denied plaintiff's claim on the basis that the Plan did not cover any...

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