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  5. 385 F.Supp.2d 1184 (2004)
 

GARMON v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. CIV.A. CV-04-PT-1137.

385 F.Supp.2d 1184 (2004)

Pamela Jean GARMON, Plaintiff, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant.

United States District Court, N.D. Alabama, Middle Division.

November 24, 2004.

Attorney(s) appearing for the Case

Myron K. Allenstein, Rose Marie Allenstein, Allenstein & Associates, Gadsden, AL, for Plaintiff.

Jacob M. Tubbs, Wynn M. Shuford, Lightfoot Franklin & White LLC, Birmingham, AL, for Defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PROPST, Senior District Judge.

The parties agreed to submit the case on the administrative record and briefs as if a trial had been conducted.

FACTS AND PROCEDURAL HISTORY

Plaintiff Pamela Jean Garmon ("Garmon") has been a registered nurse for 28 years and has worked for the Baptist Medical Center in Cherokee County for 18 years. Garmon testified that she purchased

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