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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
RALPH C. NEAL Plaintiff, v. CHRISTOPHER & BANKS COMPREHENSIVE MAJOR MEDICAL PLAN, CHRISTOPHER & BANKS GROUP DISABILITY INCOME INSURANCE PLAN, and CHRISTOPHER & BANKS, INC., Defendants.

Case No. 08-C-464

DECISION AND ORDER

Plaintiff Ralph C. Neal brought this action seeking medical benefits under his employer's comprehensive major medical plan for a combined liver and kidney transplant he underwent in April of 2006 and related treatment provided thereafter. Neal's claims for benefits were initially denied on the ground that the transplant and related services did not fall within the definition of medical necessity contained in the plan. The denial was upheld on administrative review on the same ground and, additionally as to some of the claims, on the ground that Neal's appeal was untimely. Because the action arises under the Employee Retirement Income and Security Act of 1976 ("ERISA"), 29 U.S.C.

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