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SHARP v. WELLMARK, INC.

Case No. 10-CV-2430-SAC.

744 F.Supp.2d 1191 (2010)

Lori R. SHARP and Rex A. Sharp, Plaintiffs, v. WELLMARK, INC. d/b/a/ Wellmark Blue Cross and Blue Shield of Iowa, Defendant.

United States District Court, D. Kansas.

October 12, 2010.

Attorney(s) appearing for the Case

Barbara C. Frankland, Rex A. Sharp, Gunderson Sharp & Walke, LLP, Prairie Village, KS, for Plaintiffs.

Richard N. Bien, Robyn Lyn Anderson, Lathrop & Gage LLP, Kansas City, MO, for Defendant.

MEMORANDUM AND ORDER

SAM A. CROW, Senior District Judge.

This removed case, which seeks only interest, comes before the court on the Sharps' motion to remand the case to state court. The Sharps believe the court lacks federal jurisdiction over their case, which seeks interest under Kansas law on Employee Retirement Income Security Act (ERISA) benefits which Wellmark previously paid to the Sharps pursuant to the parties' settlement agreement in a previous...

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