Waupaca Foundry, Inc. v. Gehlhausen
District Court, S.D. Indiana
1Opinion of the Court
MEMORANDUM AND ORDER
YOUNG, District Judge.
Waupaca Foundry, Inc. (“Waupaca”) brought this lawsuit against a five-year-old girl named Ashlyn Gehlhausen and her parents, Timothy and Denise. Pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), Waupaca seeks declaratory and injunctive relief regarding its subrogation rights under an employee benefit plan. This matter is now before the court on Waupaca’s motion for summary judgment filed September 15, 1999. For the reasons that follow, the motion is DENIED.
I. BACKGROUND
The facts are not in dispute. Waupaca provides its…
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