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SANZONE v. MERCY HEALTH

No. 18-3574.

954 F.3d 1031 (2020)

Sally SANZONE, individually and behalf of all others similarly situated; Gene Grasle Plaintiffs-Appellants v. MERCY HEALTH; Mercy Health Benefits Committee Defendants-Appellees. John Does, 1-10, Members of the Mercy Health Benefits Committee; Jane Does, 1-10, Members of the Mercy Health Benefits Committee Defendants Mercy Health Stewardship Committee Defendant-Appellee John Does, 11-20, Members of the Mercy Health Stewardship Committee; Jane Does, 11-20, Members of the Mercy Health Stewardship Committee; John Does, 21-40; Jane Does, 21-40 Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 27, 2020.

Corrected April 9, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Karen L Handorf , of Washington, DC. The following attorneys also appeared on the appellant brief; Ron Kilgard , of Phoenix, AZ., Laura R. Gerber , of Seattle, WA.

Counsel who presented argument on behalf of the appellee was Jeffrey Richard Fink , of Saint Louis, MO. The following attorney also appeared on the appellee brief; Richard Joseph Pautler , of Saint Louis, MO.

Before SMITH, Chief Judge, WOLLMAN and ERICKSON, Circuit Judges.

Congress placed a religious exemption within the Employee Retirement Income Security Act of 1974 (ERISA). See 29 U.S.C. § 1002(33). The exemption covers retirement and pension plans of some religiously affiliated nonprofits. The central issue in this case is whether a multibillion dollar, religiously affiliated hospital...

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