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ROSS v. RAIL CAR AMERICA GROUP DISABILITY INCOME

No. 00-2800.

285 F.3d 735 (2002)

James B. ROSS, Plaintiff-Appellant, v. RAIL CAR AMERICA GROUP DISABILITY INCOME PLAN; The Canada Life Assurance Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2002.

Rehearing and Rehearing Denied: May 16, 2002.

Attorney(s) appearing for the Case

William Carl Brown, Omaha, NE, argued, for Plaintiff-Appellant.

Michael S. Degan, Omaha, NE, argued (Sally B. Surridge, on the brief), for Defendants-Appellees.

Before BYE and JOHN R. GIBSON, Circuit Judges, and FRANK, District Judge.

Rehearing and Rehearing En Banc Denied: May 16, 2002.*

JOHN R. GIBSON, Circuit Judge.

James Ross appeals from the district court's2 entry of summary judgment in favor of Canada Life Assurance Company on his amended complaint seeking relief under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1994 & Supp. V 1999). Ross had been receiving disability income benefits...

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