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WOLFE v. J.C. PENNEY CO., INC.

No. 82-2586.

710 F.2d 388 (1983)

George WOLFE, Plaintiff-Appellee, v. J.C. PENNEY COMPANY, INC., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1983.

Attorney(s) appearing for the Case

Charles E. Bruess, Barnes & Thornburg, Indianapolis, Ind., for defendants-appellants.

Richard C. Rusk, Washington, Ind., for plaintiff-appellee.

Before BAUER and WOOD, Circuit Judges, and BROWN, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The plaintiff, George Wolfe, a former employee of the defendant J.C. Penney Company ("Penney"), applied for benefits under Penney's Long-Term Disability Benefit ("LTD") Plan. The administrator of the LTD Plan, Prudential Insurance Company ("Prudential"),1 denied Wolfe's application because it found that Wolfe was not disabled within the meaning of the Plan. Wolfe contested this denial by bringing this...

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