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CUSTER v. MURPHY OIL USA, INC.

No. 06-30672.

493 F.3d 626 (2007)

F. Michael CUSTER; Marsha F. Custer, Plaintiffs-Appellants, v. MURPHY OIL USA, INC., formerly known as Murphy Oil Corp., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 24, 2007.

Attorney(s) appearing for the Case

Meyer H. Gertler (argued), Gertler, Gertler, Vincent & Plotkin, New Orleans, LA, for Plaintiffs-Appellants.

George Phillip Shuler, III (argued), Michael D'LaShaun Spencer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Defendant-Appellee.

Before REAVLEY, GARZA and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In December 2003, Michael Custer ("Custer") had an accident at his home and, as a result, suffered a ruptured disk in his neck. Custer was totally disabled and unable to return to work. When Custer inquired about medical coverage from his employer, Murphy Oil USA, Inc.("Murphy"), he was informed that because he was totally disabled his employment would be terminated and he would no longer qualify for coverage under the Group Insurance...

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