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HARDESTER v. LINCOLN NAT. LIFE INS. CO.

No. 94-1172.

52 F.3d 70 (1995)

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 April 18, 1995.

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 Chief Judge ERVIN, RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published per curiam opinion, Judge HAMILTON wrote a dissenting opinion, in which Chief Judge ERVIN, Judge RUSSELL, Judge WILKINSON, Judge LUTTIG, and Senior Judge PHILLIPS joined.

OPINION

PER CURIAM:

Lincoln National Life Insurance Company and Employers Health Insurance Company appeal an order of the district court granting summary judgment for the plaintiff insureds in a dispute over health insurance coverage provided under an ERISA...

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