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GIDDENS v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

No. 05-10816.

445 F.3d 1286 (2006)

Dr. Allen GIDDENS, Plaintiff-Counter-Defendant-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant-Counter-Claimant-Appellant, Stanley Howell, Defendant.

United States Court of Appeals, Eleventh Circuit.

April 12, 2006.

Attorney(s) appearing for the Case

Michael A. Coval, Andrea Kuntzman Cataland, Carter & Ansley, LLP, Atlanta, GA, for Equitable Life Ass. Soc. of U.S.

Kenneth L. Shigley, Shigley Law Firm, LLC, Atlanta, GA, for Giddens.

Before CARNES, HULL and PRYOR, Circuit Judges.

HULL, Circuit Judge:

In this diversity case, plaintiff Dr. Allen Giddens ("Giddens") sued defendant The Equitable Life Assurance Society of the United States ("Equitable") for disability benefits under two policies. The district court granted partial summary judgment in favor of Equitable and partial summary judgment in favor of Giddens, concluding that Giddens was entitled to payment under the policies for one of his claims. Equitable appeals the grant of summary...

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