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NICHOLS v. WAL-MART STORES, INC. ASSOC. HEALTH AND WELFARE FUND

No. 2:00-CV-00010 PGC.

259 F.Supp.2d 1213 (2003)

Amy NICHOLS Plaintiff, v. WAL-MART STORES, INC. ASSOCIATES' HEALTH AND WELFARE PLAN; and Administrative Committee of Wal-Mart Stores, Inc. Associates Health and Welfare Plan Defendants.

United States District Court, D. Utah, Central Division.

Order Altering Judgment in Part, March 26, 2003.

Attorney(s) appearing for the Case

Marcie E. Schaap, Nicole T. Durrant, King Burke & Schaap, Brian S King, Mr., Salt Lake City, for Amy Nichols, plaintiff.

W. Waldan Lloyd, Mr., Callister Nebeker & McCullough, Christopher G. Jessop, Corbridge Baird & Christensen, Salt Lake City, Michael T. Graham, Peter R. Bulmer, Jackson Lewis Schnitzler & Krupman, Chicago, IL, Thomas H. Lawrence, Jennifer Ann Harris, Lawrence & Russell LLP, Memphis, TN, for Wal-Mart Stores, Inc., Associates' Health and Welfare Plan, Administrative Committee of Wal-Mart Stores, Inc. Associates Health and Welfare Plan, defendants.

MEMORANDUM OPINION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT AND REMANDING FOR FURTHER PROCEEDINGS

CASSELL, District Judge.

This matter is before the court on cross-motions for summary judgment. The essence of the dispute is over whether the plaintiff, Amy Nichols, was entitled to insurance coverage under defendant Wal-Mart's Health and Welfare plan for procedures that occurred at the end of her pregnancy. The court held a hearing on this matter and requested...

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