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BURGER v. LIFE INS. CO. OF NORTH AMERICA

No. Civ.A. 1:98CV2794TWT.

103 F.Supp.2d 1344 (2000)

Ronnie A. BURGER, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

July 20, 2000.

Attorney(s) appearing for the Case

Milton Dale Rowan, William Nathan Hershman, Chip Rowan & Associates, Atlanta, GA, for Ronnie A. Burger, plaintiff.

Harvey Scott Gray, Smith Howard & Ajax, Atlanta, GA, Harvey Scott Gray, Gray Rust St. Amand Moffett & Brieske, Atlanta, GA, for Life Insurance Company of North America, defendant.

ORDER

THRASH, District Judge.

This case arises under § 502 of the Employee Income Security Act, 29 U.S.C. § 1001, et seq. ("ERISA"). At issue is the overpayment of disability benefits. It is before the Court on Plaintiff's Motion for Summary Judgment [Doc. 25] and Defendant's Motion for Summary Judgment [Doc. 29]. For the reasons set forth below, both motions are granted in part and denied in part.

I. BACKGROUND

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