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ACKERMAN v. FORTIS BENEFITS INS. CO.

No. C-3-00-277.

254 F.Supp.2d 792 (2003)

Joyce ACKERMAN, et al., Plaintiffs, Herbert RICE, v. FORTIS BENEFITS INSURANCE COMPANY, Defendant.

United States District Court, S.D. Ohio, Western Division.

January 8, 2003.

Attorney(s) appearing for the Case

Mark Allan Anthony, Dulaney & Phillips, Dayton, OH, for Plaintiffs.

Michael Wesley Hawkins, Louise S Brock, Dinsmore & Shohl, Cincinnati, OH, Patrick W Michael, Angela Logan Edwards, Woodward Hobson & Fulton, Louisville, KY, for Defendant.

DECISION AND ENTRY SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE QUESTION OF WHETHER THE LONG-TERM DISABILITY BENEFITS PLAN AT ISSUE IS GOVERNED BY ERISA; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. # 8-2) SUSTAINED IN PART AND OVERRULED IN PART; PLAITIFF DIRECTED TO FILE, WITHIN 10 DAYS OF DATE, NOTICE OF WHETHER SHE INTENDS TO PROCEED WITH HER BREACH OF CONTRACT CAUSE OF ACTION, RE-CHARACTERIZED HEREIN AS ONE ARISING UNDER ERISA

RICE, Chief...

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