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ATKINS v. BERT BELL/PETE ROZELLE NFL PLAYER

No. 11-51202.

694 F.3d 557 (2012)

Gene ATKINS, Plaintiff-Appellant, v. BERT BELL/PETE ROZELLE NFL PLAYER RETIREMENT PLAN; The NFL Supplemental Disability Plan; Management Trustees of the NFL Player Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 11, 2012.

Attorney(s) appearing for the Case

Jeffrey E. Dahl (argued), Sand Antonio, TX, for Plaintiff-Appellant.

Lars Calvin Golumbic (argued), Joshua Joseph Coleman , Groom Law Group, Chartered, Washington, DC, John R. Breihan , McGinnis, Lochridge & Kilgore, L.L.P., Austin, TX, for Defendants-Appellees.

Before REAVLEY, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Gene Atkins, a former player for the New Orleans Saints and Miami Dolphins National Football League ("NFL") teams, filed suit seeking more generous disability benefits under the Bert Bell/Pete Rozelle NFL Player Retirement Plan (the "Plan"). The district court granted summary judgment in favor of the Plan, affirming its benefits determinations that Atkins is only eligible for "Inactive" player disability benefits instead of the...

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