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JONES v. STATE WIDE ALUMINUM, INC.

No. 3:02-CV-228-RM.

246 F.Supp.2d 1018 (2003)

Brenda Lee JONES, Individual, and as the Personal Representative for The Estate of Tom Ray Jones Plaintiffs, v. STATE WIDE ALUMINUM, INC., Partners National Health Plans of Indiana, Inc., North America Administrators, L.P., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

February 20, 2003.

Attorney(s) appearing for the Case

Robert J Konopa, Sean E Kenyon, Claire Konopa Aigotti, Konopa Reagan & Kenyon PC, South Bend, IN, for Plaintiffs.

Michael J Nader, Karen T Moses, Baker and Daniels, Fort Wayne, IN, Kennard R Weaver, Christopher J Spataro, Baker and Daniels, Elkhart, IN, for Defendants.

MEMORANDUM AND ORDER

MILLER, District Judge.

Doctors diagnosed Tom Ray Jones with leukemia on March 4, 2001. This sad discovery touched off a legal dispute over who would fund Mr. Jones's fight against the disease (a fight he lost on August 6, 2002). Mr. Jones was covered by two ERISA qualified health plans, State Wide,1 and Partners, an HMO, each of which decided the other was obligated to pay. At the heart of the dispute...

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