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MOORE v. LAFAYETTE LIFE INS. CO.

Nos. 04-1146, 04-1942, 04-1945, 05-1109.

458 F.3d 416 (2006)

Richard L. MOORE, Plaintiff-Appellant, v. LAFAYETTE LIFE INSURANCE CO., an Indiana Corporation; Michigan Tooling Association, a Michigan Corporation; Michigan Tooling Association Long Term Disability Plan; Michigan Tooling Association Short Term Disability Plan, Jointly and Severally, Defendants-Appellees. Richard L. Moore, Plaintiff-Appellant/Cross-Appellee, v. Lafayette Life Insurance Co., an Indiana Corporation, Defendant-Appellee/Cross-Appellant, Michigan Tooling Association, a Michigan Corporation; Michigan Tooling Association Long Term Disability Plan; Michigan Tooling Association Short Term Disability Plan, Jointly and Severally, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2006.

Attorney(s) appearing for the Case

ARGUED: Mary C. O'Donnell, Durkin, McDonnell, Clifton & O'Donnell, Detroit, Michigan, for Appellant. D. Andrew Portinga, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Michigan, Elaine A. Parson, Raymond & Prokop, Southfield, Michigan, for Appellees. ON BRIEF: Mary C. O'Donnell, Gregory A. Clifton, Durkin, McDonnell, Clifton & O'Donnell, Detroit, Michigan, for Appellant. D. Andrew Portinga, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Michigan, Elaine A. Parson, Jeffrey D. Wilson, Raymond & Prokop, Southfield, Michigan, for Appellees.

Before: CLAY and COOK, Circuit Judges; OLIVER, District Judge.

CLAY, J., delivered the opinion of the court. OLIVER, D.J. (p. 449), delivered a separate concurring opinion, in which COOK, J., joined. COOK, J. (pp. 449-53), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Plaintiff, Richard L. Moore, appeals the district court's judgments in favor of Defendants Lafayette Life Insurance Co. ("Lafayette") and the Michigan Tooling Association ("MTA"). The district...

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