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UNUM LIFE INS. CO. OF AMERICA v. LONG

No. 3-02-CV-0031-BD.

227 F.Supp.2d 609 (2002)

UNUM LIFE INSURANCE COMPANY OF AMERICA Plaintiff, v. Evelyn B. LONG Defendant.

United States District Court, N.D. Texas, Dallas Division.

October 16, 2002.

Attorney(s) appearing for the Case

Doug K. Butler, Bill E. Davidoff, Figari Davenport & Graves, Dallas, TX, for Plaintiff.

Evelyn B. Long, Mesquite, TX, Pro se.

MEMORANDUM OPINION AND ORDER

KAPLAN, United States Magistrate Judge.

Plaintiff UNUM Life Insurance Company of America ("UNUM") has filed a motion for summary judgment in this ERISA case to recover the overpayment of disability benefits. For the reasons stated herein, the motion is granted.

I.

Evelyn Long was a participant in an employee welfare benefit plan maintained by her employer, Texas Oncology, P.A. One of the benefits offered...

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