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ADMINISTRATIVE COMMITTEE OF WAL-MART ASSOCIATES HEALTH AND WELFARE PLAN v. WILLARD

No. CIV.A.02-2571-KHV.

302 F.Supp.2d 1267 (2004)

ADMINISTRATIVE COMMITTEE OF THE WAL-MART ASSOCIATES HEALTH AND WELFARE PLAN, Plaintiff, v. Melvin WILLARD, Defendant.

United States District Court, D. Kansas.

February 13, 2004.

Attorney(s) appearing for the Case

Christopher R. Hedican, Baird Holm Law Firm, Omaha, NE, for Plaintiff.

Fred Spigarelli, Thomas E. Hayes, Lori A. Bolton Fleming, Spigarelli, McLane & Short, Pittsburg, KS, for Defendant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

Melvin Willard suffered injuries when a pharmacy employee for Wal-Mart Stores, Inc. erroneously filled his prescription in June of 2001. The Wal-Mart Associates Health and Welfare Plan, an employer-sponsored health plan, provided coverage for Willard's medical expenses. Wal-Mart Stores agreed to settle plaintiff's claim against it and having done so, the health plan filed suit to establish an enforceable...

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