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NIXON v. LIFE INS. CO. OF NORTH AMERICA

No. CIV. A. 97-T-1704-N.

130 F.Supp.2d 1279 (2001)

John B. NIXON, Jr., Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA and Health-South Corporation, Defendants.

United States District Court, M.D. Alabama, Northern Division.

January 23, 2001.

Attorney(s) appearing for the Case

G. Houston Howard, II, Howard, Dunn, Howard & Howard, Wetumpka, AL, for Plaintiff.

Kurt A. Powell, Thomas E. O'Connor, Jr., Hunton & Williams, Atlanta, GA, Jarred O. Taylor, II, William Bernhart Wahlheim, Jr., Maynard, Cooper & Gale, P.C., Birmingham, AL, Joseph C. Espy, III, A. Lester (Les) Hayes, III, Melton, Espy, Williams & Hayes, P.C., Montgomery, AL, for Defendants.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff John B. Nixon, Jr. filed this lawsuit in state court under the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001-1461, commonly known as `ERISA,' against defendants Life Insurance Company of North America (LINA) and HealthSouth Corporation. Nixon seeks to recover benefits allegedly due him under an employee welfare benefit plan. HealthSouth later filed a cross-claim...

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