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COX v. MID-AMERICA DAIRYMEN, INC.

No. 93-1822.

13 F.3d 272 (1993)

Howard E. COX, Plaintiff-Appellant, v. MID-AMERICA DAIRYMEN, INC.; Mid-America Dairymen, Inc. Retirement Plan; The Northern Trust Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

Gary T. Nelms, Springfield, MO, argued, for plaintiff-appellant.

Wayne H. Hoecker, Kansas City, MO, argued, for defendants-appellees.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Howard E. Cox, a former employee of Mid-America Dairymen, Inc., sought disability benefits under Mid-America's retirement plan. Mid-America's Retirement Committee denied his request, concluding that Cox failed to demonstrate a qualifying disability during his period of eligibility. Cox challenged the Committee's decision, and the district court granted summary judgment in his favor. A divided panel of this court reversed and remanded...

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