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ESKRA v. PROVIDENT LIFE AND ACC. INS. CO.

Nos. 94-4838, 95-4090.

125 F.3d 1406 (1997)

Michael J. ESKRA, Plaintiff-Counter-Defendant, Appellee/Cross-Appellant, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Counter-Claimant, Appellant/Cross-Appellee. Michael J. Eskra, Plaintiff-Counter-Defendant-Appellee, v. Provident Life and Accident Insurance Company, Defendant-Counter-claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 27, 1997.

Attorney(s) appearing for the Case

J. Alan Lips, Gregory Parker Rogers, Stettinius & Hollister, P.A., Cincinnati, OH, Patricia Elaine Lowry, Steel, Hector & Davis, West Palm Beach, FL, J. Hartly Echerd, Chattanooga, TN, for Provident Life and Accident Ins. Co.

James Ryan Hubbard, Ricci, Hubbard, Leopold, Frankel & Farmer, West Palm Beach, FL, Joel D. Eaton, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, for Eskra.

Before HATCHETT, Chief Judge, BLACK, Circuit Judge, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

Defendant Provident Life and Accident Insurance Company ("Provident") appeals the judgments for plaintiff Michael J. Eskra, and Eskra cross-appeals the denial of "front-pay." We affirm the judgments and the denial of front pay. We also grant Eskra's motion for an award of appellate attorney's fees, and remand with instructions to assess the amount of appellate attorney's fees to be awarded Eskra.

I. BACKGROUND

Eskra began...

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