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CUSHMAN v. MOTOR CAR DEALERS SERVICES, INC.

No. CV 08-5284 SVW (CTx).

652 F.Supp.2d 1122 (2009)

James CUSHMAN, an individual, Plaintiff, v. MOTOR CAR DEALERS SERVICES, INC.; American Fidelity Assurance Company; Does 1 through 10, inclusive, Defendants.

United States District Court, C.D. California.

July 27, 2009.

Attorney(s) appearing for the Case

Charles J. Fleishman, Fleishman Law Firm, Northridge, CA, for Plaintiff.

Francis J. Torrence, Lawrence J. Rose, Wilson Elser Moskowitz Edelman & Dicker, San Francisco, CA, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW [JS-6]

STEPHEN V. WILSON, District Judge.

I. INTRODUCTION

Plaintiff James Cushman ("Plaintiff") brings this action pursuant to 29 U.S.C. § 1132(a)(1)(B), to recover benefits under the terms of an ERISA plan. In July of 2005, Plaintiff left his job at a car dealership and began receiving disability benefits from Defendant American Fidelity Assurance Company...

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