MITCHELL v. EASTMAN KODAK CO.

No. 96-7034.

113 F.3d 433 (1997)

George W. MITCHELL v. EASTMAN KODAK COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 8, 1997.


Attorney(s) appearing for the Case

Thomas E. Wood (argued), Keefer, Wood, Allen & Rahal, Harrisburg, PA, for Appellant.

Timothy J. O'Connell (argued), Turner & O'Connell, Harrisburg, PA, for George W. Mitchell.

Before: STAPLETON and NYGAARD, Circuit Judges, MAZZONE, District Judge.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this case, we are asked to decide whether the denial of a claim for benefits under a Long-Term Disability Plan governed by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq., by a Plan participant suffering from Chronic Fatigue Syndrome ("CFS") was arbitrary and capricious. We hold that, in the circumstances present here, it was. We will therefore affirm the...

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