Ewalt v. Mereen-Johnson MacHine Co.

Defendant Mereen-Johnson Machine Co. (Employer) appeals from a summary judgment granted to plaintiffs Pat and Yvonne Ewalt in this breach of contract case. Ewalts have filed a notice of review on the issue of attorney fees. We affirm in part, reverse in part, and remand.

FACTS

Employer is a Minnesota corporation which operates a foundry and machine shop in Webster, South Dakota. Employer has a self-funded employee benefit plan which provides health, life, and accident insurance to employees who make the required contributions. The benefit plan was created pursuant to the Employee Retirement…