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United States Fifth Circuit


ABOUL-FETOUH v. EMPLOYEE BENEFITS COMM., 00-60367

Where evidence showed that in April plan benficiary was nearly fully recovered and ready to begin work again, ERISA plan administrator did not abuse discretion in finding that subsequent depression in July was a medical condition separate from the original physical injury.

Appellate Information

  • Decided 03/16/2001
  • Published 03/16/2001

Judges

  • DeMOSS, Circuit Judge:, Before REAVLEY, SMITH and DeMOSS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Vann Fredric Leonard (argued), Ridgeland, MS, for Plaintiff-Appellant., Douglas Edward Levanway, Chad Michael Knight (argued), Wise, Carter, Child & Caraway, Jackson, MS, for Employee Benefits Committee and Entergy Operations, Inc., John E. Hughes, III (argued), Wells, Marble & Hurst, Jackson, MS, for Hartford Life & Acc. Ins. Co.

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