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FERRARI v. TEACHERS INS. AND ANNUITY ASS'N

No. 01-1182.

278 F.3d 801 (2002)

Herbert FERRARI, M.D., Appellant, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION, a New York Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 28, 2002.

Rehearing and Rehearing Denied: March 19, 2002.

Attorney(s) appearing for the Case

M. Graham Dobbs, St. Louis, MO, argued (M. Graham Dobbs, on the brief), for appellant.

Thomas B. Weaver, St. Louis, MO, argued (Clark H. Cole and Cynthia A. Sciuto, on the brief), for appellee.

Before BOWMAN, JOHN R. GIBSON, and STAHL, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 19, 2002.

STAHL, Circuit Judge.

Plaintiff-Appellant, Herbert Ferrari, M.D. ("Dr.Ferrari"), appeals a grant of summary judgment in favor of Defendant-Appellee, Teachers Insurance and Annuity Association ("TIAA"), on his claim for disability benefits pursuant to a plan under the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. (1974). Dr. Ferrari first challenges the abuse...

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