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LEE v. PRUDENTIAL INS. CO.

No. 85-7777.

812 F.2d 1344 (1987)

David A. LEE, Plaintiff-Appellee, v. PRUDENTIAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied May 8, 1987.

Attorney(s) appearing for the Case

J. Edward Thornton, Mobile, Ala., for defendant-appellant.

William R. Christopher, William L. Utsey, Butler, Ala., for plaintiff-appellee.

Before HILL and HATCHETT, Circuit Judges, and THOMAS, Senior District Judge.

Rehearing and Rehearing En Banc Denied May 8, 1987.

HILL, Circuit Judge:

This is a diversity case. David A. Lee is a former employee of Scott Paper Company. Although he was terminated by Scott in October of 1979, he retained certain insurance benefits through the company. The insurance was provided by Prudential Insurance Company of America. The policy provided benefits if an employee:

Becomes totally and permanently disabled ... to such an extent...

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