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RIGBY v. BAYER CORP.

Civil Action No. 1:94CV754.

933 F.Supp. 628 (1996)

Charles RIGBY, Plaintiff, v. BAYER CORPORATION, Formerly Known as Miles, Inc. and Bayer Inc. Cornerstone Flexible Benefits Program, Defendants.

United States District Court, E.D. Texas, Beaumont Division.

July 8, 1996.

Attorney(s) appearing for the Case

Joe Fisher, Provost & Umphrey, Beaumont, TX, for plaintiff.

Daniel Bell and John Myers, Eckert, Seamans, Cherin, Mellott, Pittsburgh, PA, Jack Urquhart and Faye Caldwell, Holtzman, Urquhart Bayko & Moore, Houston, TX, for defendants.

MEMORANDUM OPINION

HEARTFIELD, District Judge.

This is an ERISA employee benefits case wherein the plaintiff, Charles Rigby (Rigby) seeks to recover long-term disability benefits that were terminated when defendant Bayer Corporation (Bayer) determined that he was not totally "disabled." A non-jury trial was held to determine two issues: (1) whether Bayer's determination that Rigby was not "totally disabled" was arbitrary and capricious, and (2) whether...

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