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HARDESTER v. LINCOLN NAT. LIFE INS. CO.

No. 94-1172.

33 F.3d 330 (1994)

Allen L. HARDESTER, Jr.; Barbara Hardester, Plaintiffs-Appellees, v. The LINCOLN NATIONAL LIFE INSURANCE COMPANY, administrator; Employers Health Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1994.

Rehearing Granted; Opinion Vacated October 13, 1994.

Attorney(s) appearing for the Case

ARGUED: Bryan David Bolton, Shapiro & Olander, Baltimore, MD, for appellants. David Alan Titman, Ellicott City, MD, for appellees. ON BRIEF: Michael E. McCabe, Jr., Shapiro & Olander, Baltimore, MD, for appellants.

Before HALL and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing In Banc Granted; Opinion Vacated October 13, 1994.

Reversed and remanded with instructions by published opinion. Judge HAMILTON wrote the majority opinion, in which Senior Judge PHILLIPS joined. Judge HALL wrote a dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

Defendants-appellants, Lincoln National Life Insurance Company (Lincoln National) and Employers Health Insurance Company (Employers Health) (collectively referred to...

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