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CLARK v. UNION MUT. LIFE INS. CO.

No. 82-8242.

692 F.2d 1370 (1982)

Robert CLARK, Jr., Plaintiff-Appellant, v. UNION MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied January 10, 1983.

Attorney(s) appearing for the Case

Hazleton & Sweet, John F. Sweet, Kathleen L. Wilde, Atlanta, Ga., for plaintiff-appellant.

Mark A. Dickerson, Asst. Atty. Gen., Atlanta, Ga., amicus curiae.

Powell, Goldstein, Frazer & Murphy, Daryll Love, Anthony L. Cochran, Allen S.C. Willingham, Atlanta, Ga., Cline, Hallissey & Hausman, Mineola, N.Y., for defendant-appellee.

Before FAY and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.

FAY, Circuit Judge:

Plaintiff, Robert Clark, Jr., brought this diversity action against Union Mutual Life Insurance Company ("Union Mutual"), contesting the allegedly wrongful termination of his major medical benefits under a group insurance plan provided by his employer, the Leukemia Society of America ("Leukemia Society"), and issued by Union Mutual. Both parties moved for summary judgment. The trial court denied plaintiff...

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