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HELMS v. MONSANTO CO., INC.

No. 83-7130.

728 F.2d 1416 (1984)

Clark Ray HELMS and Betty Helms, Plaintiffs-Appellants, v. MONSANTO COMPANY, INC., a Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied May 16, 1984.

Attorney(s) appearing for the Case

Stephen J. Pettit, Birmingham, Ala., for plaintiffs-appellants.

Arthur L. Smith, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., for defendant-appellee.

Before FAY and HENDERSON, Circuit Judges, and BOYLE, District Judge.

Rehearing and Rehearing En Banc Denied May 16, 1984.

FAY, Circuit Judge:

Clark Ray Helms brought a declaratory judgment action in the United States District Court for the Northern District of Alabama claiming that his employer, Monsanto Company, had wrongfully denied him disability benefits. A third-party arbitrator had concluded that Mr. Helms was not totally and permanently disabled under the terms of the policy. Based on the arbitrator's conclusions, the...

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