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TOOHEY v. WYNDHAM WORLDWIDE CORP. HEALTH & WELFARE

Civil No. 09-88-ST.

727 F.Supp.2d 978 (2010)

Toni L. TOOHEY, individually, and as Personal Representative of the Heirs and the Estate of Frank R. Toohey, Deceased, Plaintiff, v. The WYNDHAM WORLDWIDE CORPORATION HEALTH & WELFARE PLAN, Employee Benefits Committee Wyndham Worldwide Corporation, Life Insurance Company of North America, and Wyndham Worldwide Corporation, Defendants.

United States District Court, D. Oregon.

July 26, 2010.

Attorney(s) appearing for the Case

Christopher L. Cauble, Walter L. Cauble, Cauble & Cauble, LLP, Grants Pass, OR, Louis S. Franecke, Franecke Law Group, San Rafael, CA, for Plaintiff.

Douglas C. Berry, Graham & Dunn PC, Seattle, WA, for Defendants.

ORDER

HAGGERTY, District Judge.

Magistrate Judge Stewart referred to this court a Findings and Recommendation [97] in this matter. The Magistrate Judge recommends that plaintiffs' Motion for Summary Judgment [69] and defendants' Motion for Summary Judgment [73] be granted in part and denied in part. No objections were filed, and the case was referred to this court.

The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R.Civ...

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