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MARECEK v. BELLSOUTH SERVICES, INC.

No. 93-6170.

49 F.3d 702 (1995)

Nancy H. MARECEK, Plaintiff-Appellee, v. BELLSOUTH SERVICES, INC., a corporation, BellSouth Services Sickness and Accident Disability Plan, BellSouth Services, Inc., as Administrator for BellSouth Services Sickness and Accident Disability Plan, BellSouth Services Employee Assistance Program, BellSouth Services, Inc., as Administrator for BellSouth Services Employee Assistance Program, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 10, 1995.

Attorney(s) appearing for the Case

David P. Whiteside, Jr., William K. Hancock, Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, AL, for appellants.

Fob James, III, Birmingham, AL, James Allen Main, Beasley, Wilson, Allen, Main & Crow, P.C., Montgomery, AL, Richard J. Stockham, III, Stockham & Miles, Birmingham, AL, for appellee.

Before BIRCH and CARNES, Circuit Judges, and MORENO, District Judge.

MORENO, District Judge:

BellSouth Telecommunications, Inc., ("BellSouth") appeals the district court's ruling that BellSouth violated the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, when it arbitrarily and capriciously denied appellee's claim and reviewed the class members' claims. The district court awarded the appellee, Nancy H. Marecek, benefits and required the claims of the class be evaluated by BellSouth. We affirm the...

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