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United States Seventh Circuit


Rud, Allan E. v Liberty Life Assurance Company of Boston, 04-3655

Summary judgment for the defendants in a breach of contract and ERISA suit is affirmed after a determination that the ERISA plan allowed for a conclusive determination of eligibility by the insurance company, and a finding that the plaintiff had not produced sufficient evidence to show a conflict of interest.

Appellate Information

  • Argued 11/09/2005
  • Decided 02/22/2006
  • Published 02/22/2006

Judges

  • POSNER, Circuit Judge., Before POSNER, ROVNER, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Jason W. Whitley (argued), Novitzke, Gust, Sempf & Whitley, Amery, WI, for Plaintiff-Appellant.

  • For Appellees:
  • Pamela M. Schmidt (argued), Whyte Hirschboeck Dudek, Milwaukee, WI, for Defendant-Appellee.
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