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DELTA FAMILY-CARE DISABILITY v. MARSHALL

Nos. 00-3441, 00-3923

258 F.3d 834 (2001)

DELTA FAMILY-CARE DISABILITY AND SURVIVORSHIP PLAN, Appellant, v. Harold MARSHALL, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2001

Attorney(s) appearing for the Case

Hunter R. Hughes, argued, Atlanta, GA (J. Timothy McDonald, Atlanta, GA and David P. Martin, Little Rock, AR, on the brief), for appellant.

Brian Paul Boyce, argued Little Rock, AR (William C. Frye, on the brief), for appellee.

Before BOWMAN and BEAM, Circuit Judges, and KYLE, District Judge.

KYLE, District Judge.

Delta Family-Care Disability and Survivorship Plan ("the Plan") appeals from the final judgment entered by the district court in favor of Harold Marshall ("Marshall"), directing the Plan to reinstate Marshall's long-term disability benefits pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B). The Plan argues that, while the district court identified...

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