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KERNS v. CATERPILLAR, INC.

No. 3:06-cv-01113.

499 F.Supp.2d 1005 (2007)

Judith K. KERNS, Marcia Nalley, and Sandra L. Stewart, on behalf of themselves and a similarly situated class, Plaintiffs, v. CATERPILLAR, INC., Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

June 27, 2007.

Attorney(s) appearing for the Case

Lisa M. Smith, Klimist, Samuel C. McKnight, McKnight, Sale, Mcclow & Canzano, P.C., Southfield, MI, Samuel Morris, Deborah Godwin, Godwin, Morris, Laurenzi & Bloomfield, PC, Memphis, TN, for Plaintiffs.

Columbus R. Gangemi, Jr., Derek Grady Barella, Joseph J. Torres, Winston & Strawn, Chicago, IL, Lawrence Slade Eastwood, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN, Robert M. Williams, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, TN, for Defendant.

MEMORANDUM

TRAUGER, District Judge.

Currently pending before the court is a motion to dismiss by the defendant (Docket No. 42), the plaintiffs' response thereto (Docket No. 50), and the defendant's reply to that response (Docket No. 56). For the reasons explained herein, the defendant's motion will be DENIED.

I. Introduction

This is an action for vested lifetime health care benefits. The plaintiffs are surviving spouses of former...

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