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HERRING v. CANADA LIFE ASSUR. CO.

No. 99-2144.

207 F.3d 1026 (2000)

Eugene HERRING, Plaintiff-Appellee, v. The CANADA LIFE ASSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2000.

Attorney(s) appearing for the Case

Abraham W. Bogoslavsky, Little Rock, AR, argued (M. Stephen Bingham, Little Rock, AR, on the brief), for Defendant-Appellant.

Alan Humphries, Rison, AR, argued, for Plaintiff-Appellee.

Before BOWMAN and LOKEN, Circuit Judges, and ALSOP, District Judge.

ALSOP, District Judge.

Canada Life Assurance Company (Canada Life) appeals from an order granting summary judgment in favor of Eugene Herring in this action under § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B). The case calls upon us to decide if there is a "genuine" dispute of material fact on Herring's claim that he is totally disabled under his long-term disability policy with Canada Life. A dispute...

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