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ADMINISTRATIVE COM. OF WAL-MART STORES, INC. v. HUMMELL

No. 02 C 5691.

245 F.Supp.2d 908 (2003)

ADMINISTRATIVE COMMITTEE OF THE WAL-MART STORES, INC. ASSOCIATES' HEALTH AND WEFARE FUND, Plaintiff, v. Jean HUMMELL, Defendant.

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

February 21, 2003.

Attorney(s) appearing for the Case

Thomas H. Lawrence, John Morris Russell, Lawrence & Russell LLP, Memphis, TN, for Administrative Committee of the Wal-Mart Stores Inc Associates' Health and Welfare Plan, plaintiff.

Craig S. Mielke, Foote, Meyers, Mielke, Flowers & Solano, Geneva, IL, for Jean Hummell, defendant.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

These are cross-motions for summary judgment in a dispute between a Wal-Mart health and welfare plan ("the Plan") and an employee—Jean Hummell—covered under the Plan. Hummell was injured in an accident, and the Plan paid $16,698.10 in medical benefits on her behalf. She subsequently retained a lawyer to prosecute a personal injury case. The attorney, working on a one-third contingency...

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