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AUSTELL v. RAYMOND JAMES & ASSOCIATES, INC.

No. 96-1974.

120 F.3d 32 (1997)

David AUSTELL, Plaintiff-Appellant, v. RAYMOND JAMES & ASSOCIATES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1997.

Attorney(s) appearing for the Case

ARGUED: Robert Edward Hoskins, Foster & Foster, L.L.P., Greenville, SC, for Appellant. Thomas Louis Stephenson, Nexsen, Pruet, Jacobs & Pollard, L.L.P., Greenville, SC, for Appellee. ON BRIEF: David M. Yokel, Mitchell, Bouton, Duggan, Yokel, McCall & Childs, Greenville, SC, for Appellant. Elizabeth M. McMillan, Nexsen, Pruet, Jacobs & Pollard, L.L.P., Greenville, SC, for Appellee.

Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and COPENHAVER, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge COPENHAVER wrote the opinion, in which Chief Judge WILKINSON and Judge MICHAEL joined.

OPINION

COPENHAVER, District Judge:

The sole issue on appeal is whether the district court erred in determining that the Consolidated Omnibus Budget Reconciliation Act (COBRA), 29 U.S.C.A. § 1161(a), does not require sponsors of employee welfare benefit plans to offer continuation coverage for disability insurance.

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