IBP, Inc. v. Foust

MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ZOSS, United States Magistrate Judge.

I. INTRODUCTION

This dispute concerns whether an employee benefit plan with a “full reimbursement” subrogation provision must contribute to the legal expenses incurred by a plan participant to recover from a third party tort-feasor.

On June 24, 1997, the parties consented to have this matter decided by the undersigned United Státe Magistrate Judge under 28 U.S.C. § 636(c) (Docket No. 10). Plaintiff IBP, Inc. filed a Motion for Summary Judgment on August 29, 1997 (Docket No. 12). On…