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CONLEY v. PITNEY BOWES

No. 97-3963.

176 F.3d 1044 (1999)

Donald E. CONLEY, Appellant, v. PITNEY BOWES, A Corporation; Pitney Bowes Long Term Disability Plan; George B. Harvey and Carmine F. Adimando, As Trustees of Pitney Bowes Long Term Disability Plan; Pitney Bowes Group Life Insurance Plan; Pitney Bowes Major Medical Expense Plan; Pitney Bowes Dental Expense Plan; and Michael Critelli, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed May 7, 1999.

Rehearing and Rehearing Denied June 24, 1999.

Attorney(s) appearing for the Case

S. Sheldon Weinhaus, St. Louis, Missouri, argued, for Appellant.

Keith A. Rabenberg, St. Louis, Missouri, argued (Clark H. Cole, on the brief), for Appellees.

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

Rehearing and Rehearing En Banc Denied June 24, 1999.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Donald Conley was injured in an automobile accident while working for Pitney Bowes. He received short-term disability benefits for a time after the accident and was then placed on long-term disability status, as provided for by the Pitney Bowes employee welfare plan. The terms of the plan state that in order to receive long-term disability benefits during the first...

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