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United States Seventh Circuit


Cherry v. Auburn Gear, Inc., 05-3682

Summary judgment for defendants in a suit for lifetime benefits under a collectively bargained insurance agreement is affirmed where the language of the agreement limited the benefits to the term of the agreement and there was no patent or latent ambiguity in the agreement's language that would overcome the presumption against the vesting of healthcare benefits.

Appellate Information

  • Argued 02/06/2006
  • Decided 03/17/2006
  • Published 03/17/2006

Judges

  • FLAUM, Chief Judge., Before FLAUM, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Barry A. Macey (argued), Macey Swanson & Allman, Indianapolis, IN, for Plaintiffs-Appellants.

  • For Appellees:
  • Kathleen M. Anderson (argued), Barnes & Thornburg, Fort Wayne, IN, for Defendant-Appellee.
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