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WHATLEY v. CNA INS. COMPANIES

No. 97-6984.

189 F.3d 1310 (1999)

Roger WHATLEY, Sr., Plaintiff-Appellant, v. CNA INSURANCE COMPANIES, Baker Brothers, Incorporated, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended November 16, 1999.

Attorney(s) appearing for the Case

F. Farrest Taylor, Cherry, Givens, Peters, Lockett & Diaz, P.C., Dotham, AL, for Plaintiff-Appellant.

Richard E. Smith, Susan S. Hayes, Rives & Peterson, Rhonda P. Chambers, Champ Lyons, Birmingham, AL, for Defendants-Appellees.

Before TJOFLAT, Circuit Judge, and GODBOLD and HILL, Senior Circuit Judges.

PER CURIAM:

Roger Whatley brought this action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA"), to recover disability benefits from Continental Casualty Company ("CNA"),1 Baker Brothers, Inc., and Baker Brothers, Inc. Long Term Disability Plan (the "Plan"). The district court granted CNA's and the Plan's motion for summary judgment on the ground that Whatley's employment with Baker Brothers...

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