Capital Mercury Shirt Corp. v. Employers Reinsurance Corp.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This case was filed on March 16, 1990. Plaintiff alleges that this court has jurisdiction by virtue of 28 U.S.C. § 1332 (1985). Plaintiff, Capital Mercury Shirt Corporation, has approximately 1500 employees located in the State of Arkansas for whom it provides health and accident benefits on a shared cost basis. The employee benefit program is funded 50% by Capital and 50% by employee contributions.

In June, 1988, the plaintiff received a proposal from USAble to administer the plaintiff’s employee benefit program. As part of the proposal,…