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SMITH v. BAYER CORP. LONG TERM DISABILITY PLAN

No. 3:04-cv-128.

444 F.Supp.2d 856 (2006)

Terry SMITH, Plaintiff v. BAYER CORPORATION LONG TERM DISABILITY PLAN and Bayer Corporation, Defendants.

United States District Court, E.D. Tennessee, at Knoxville.

July 31, 2006.

Attorney(s) appearing for the Case

Eric L. Buchanan, R. Scott Wilson, Eric Buchanan & Associates, PLLC, Chattanooga, TN, for Plaintiff.

John J. Myers, Eckert, Seamans, Cherin & Millott, Pittsburgh, PA, Robert M. Stivers, Jr., O'Neil, Parker & Williamson, Knoxville, TN, for Defendants.

MEMORANDUM OPINION

JARVIS, District Judge.

Plaintiff Terry Smith (Smith) filed this action pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, et seq., to recover longterm disability (LTD) income and other benefits from defendant Bayer Corporation Long Term Disability Plan (the Plan) [see Doc. 1].1 Defendant Bayer Corporation (Bayer) was Smith's employer for fourteen years...

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