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PHILLIPS v. LINCOLN NAT. LIFE INS. CO.

No. 91-3477.

978 F.2d 302 (1992)

Gordon B. PHILLIPS, as Guardian of James G. Phillips, Plaintiff-Appellee, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, an Indiana Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1992.

As Amended October 22, and November 9, 1992.

Attorney(s) appearing for the Case

Dennis J. O'Hara (argued), Wilson & McIlvaine, Stephen C. Voris, Le Ann Pope and Andrew James, Burke, Warren and MacKay, Chicago, Ill., for Gordon B. Phillips, as Guardian of James G. Phillips.

David J. Novotny, J. Robert Geiman, William A. Chittenden, III (argued), Douglas Varga, Peterson & Ross, Chicago, Ill., for Lincoln Nat. Life Ins. Co.

Alan M. Posner, Robert C. Johnson, Duane C. Quaini, Sonnenschein, Nath & Rosenthal, Chicago, Ill., Joe Peel, Theresa L. Sorota, Health Ins. Ass'n of America, Washington, D.C., for Health Ins. Ass'n of America, amicus curiae.

Robert W. Gettleman, Jeffrey H. Bergman, Jean M. Snyder, D'Ancona & Pflaum, Chicago, Ill., for National Depressive and Manic Depressive Ass'n, amicus curiae.

Before BAUER, Chief Judge, COFFEY and RIPPLE, Circuit Judges.

COFFEY, Circuit Judge.

Gordon B. Phillips ("Phillips"), as guardian for his dependent son, James G. Phillips ("James"), brought this action in the district court under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, against Lincoln National Life Insurance Company ("Lincoln") seeking recovery of benefits under an employee welfare benefit plan ("the Plan") established by his employer, Seedboro Equipment Company ("Seedboro...

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