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BIRDSELL v. UNITED PARCEL SERVICE

No. 95-4002.

94 F.3d 1130 (1996)

Don BIRDSELL, Appellant, v. UNITED PARCEL SERVICE OF AMERICA, INC.; UPS Health and Welfare Plan; Aetna Life and Casualty Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1996.

Rehearing and Suggestion for Rehearing Denied October 28, 1996.

Attorney(s) appearing for the Case

Susan H. Mello, Clayton, MO, for appellant.

David W. Welch, Robert A. Kaiser and Nannette A. Baker, St. Louis, MO, for appellee.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 28, 1996.

WOLLMAN, Circuit Judge.

Donald Birdsell appeals the district court's grant of summary judgment in favor of United Parcel Service of America, Inc., (UPS), UPS Health and Welfare Plan (the plan), and Aetna Life & Casualty Company (Aetna), in his action brought pursuant to the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA). We affirm.

I....

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