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DARDEN v. NATIONWIDE MUT. INS. CO.

Nos. 89-2759, 89-2760.

969 F.2d 76 (1992)

Robert T. DARDEN, Plaintiff-Appellee, v. NATIONWIDE MUTUAL INSURANCE COMPANY; Nationwide Mutual Fire Insurance Company; Nationwide Life Insurance Company, Defendants-Appellants. Robert T. DARDEN, Plaintiff-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY; Nationwide Mutual Fire Insurance Company; Nationwide Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1992.

Attorney(s) appearing for the Case

George Robinson Ragsdale, Craig G. Dalton, Jr., Leboeuf, Lamb, Leiby & MacRae, Raleigh, N.C., Margaret M. Richardson, W. Mark Smith, Sutherland, Asbill & Brennan, Washington, D.C., for appellants.

Marion G. Follin, III, Smith, Patterson, Follin, Curtis, James, Harkavy & Lawrence, Greensboro, N.C., for appellee.

Before HALL, MURNAGHAN, and SPROUSE, Circuit Judges.

OPINION

SPROUSE, Circuit Judge:

In Nationwide Mutual Insurance Co. v. Darden, ___ U.S. ___, 112 S.Ct. 1344, 117 L.Ed.2d 581 (1992), the Supreme Court rejected this court's definition of "employee" as that term is used in the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. The Court remanded for us to determine according to Court-defined common law criteria whether Robert Darden's relationship with Nationwide Mutual...

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