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BROWN v. SEITZ FOODS, INC. DISABILITY BEN. PLAN

No. 97-2980.

140 F.3d 1198 (1998)

Michael E. BROWN, Appellee, v. SEITZ FOODS, INC. DISABILITY BENEFIT PLAN; Continental Casualty Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1998.

Rehearing and Suggestion for Rehearing Denied May 20, 1998.

Attorney(s) appearing for the Case

Todd A. Brenner, Columbus, OH, argued (Philip F. Brown, on the brief), for Appellants.

Cynthia B. McGinnis, Springfield, MO, argued (Frank M. Evans, III, on the brief), for Appellee.

Before FAGG, ROSS, and BOWMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 20, 1998.

FAGG, Circuit Judge.

The Seitz Foods, Inc. Disability Benefit Plan (the Plan) and the Plan's administrator, Continental Casualty Company (Continental), appeal the district court's order granting Michael E. Brown benefits under the Plan, which is governed by the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 (1994) (ERISA). We reverse.

Brown was a full-time...

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