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OSBORNE v. HARTFORD LIFE AND ACC. INS. CO.

No. 05-5536.

465 F.3d 296 (2006)

Bruce OSBORNE, Plaintiff-Appellant, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided: and Filed October 3, 2006.

Attorney(s) appearing for the Case

ARGUED: Don L. Hearn, Jr., Glanker Brown, Memphis, Tennessee, for Appellant. David A. Thornton, Bass, Barry & SIMS, Memphis, Tennessee, for Appellee. ON BRIEF: Don L. Hearn, Jr., John I. Houseal, Jr., Glanker Brown, Memphis, Tennessee, for Appellant. David A. Thornton, Bass, Barry & Sims, Memphis, Tennessee, for Appellee.

Before COLE, GILMAN, and FRIEDMAN, Circuit Judges.

FRIEDMAN, J., delivered the opinion of the court, in which GILMAN, J., joined. COLE, J. (pp. 301-04), delivered a separate dissenting opinion.

OPINION

FRIEDMAN, Circuit Judge.

The ultimate question in this appeal is whether an insurance company that was both the administrator of a disability benefits plan under the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., and the issuer of the disability insurance...

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