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MYERS v. HERCULES, INC.

No. 99-2252.

253 F.3d 761 (2001)

Linda J. MYERS, Plaintiff-Appellant, v. HERCULES, INCORPORATED; Provident Life & Accident Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 8, 2001.

Amended: June 27, 2001

Attorney(s) appearing for the Case

ARGUED: F. Rodney Fitzpatrick, F. Rodney Fitzpatrick, P.C., Roanoke, VA, for Appellant.

David Edward Constine, III, Mays & Valentine, L.L.P., Richmond, Virginia, for Appellees.

ON BRIEF: Richard F. Hawkins, Mays & Valentine, L.L.P., Richmond, VA, for Appellees.

Before MICHAEL and MOTZ, Circuit Judges, and Robert E. PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed by published opinion. Judge MICHAEL wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge PAYNE joined.

OPINION

MICHAEL, Circuit Judge:

Because of a debilitating back condition, Linda Myers, an employee of Hercules Incorporated, was awarded long-term disability (LTD) benefits under the company's income protection plan (the Plan). After Myers had received benefits for over seven years, Provident Life and Accident Insurance Company...

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