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EDGAR v. DISABILITY REINSURANCE MANAGEMENT SVCS.

Civil Action No. 09-AR-1562-S.

741 F.Supp.2d 1268 (2010)

Tommy EDGAR, Plaintiff, v. DISABILITY REINSURANCE MANAGEMENT SERVICES, INC., et al., Defendants.

United States District Court, N.D. Alabama, Southern Division.

September 17, 2010.

Attorney(s) appearing for the Case

John M. Pennington, Pennington Law Firm LLC, Birmingham, AL, for Plaintiff.

James S. Williams, Stephen R. Geisler, Sirote & Permutt PC, Birmingham, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

WILLIAM M. ACKER, JR., District Judge.

This court has previously held, and still believes, that Rule 56, F.R.Civ.P., was not designed for, and is only awkwardly used for, the resolution of disputes over entitlement to disability benefits under the Employee Retirement Security Act of 1974, 29 U.S.C. § § 1001, et seq. ("ERISA"). Nevertheless, the case law as it has evolved since 1974, despite the variants...

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