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05-255 - Swiger v. Continental Casualty Company


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05-255 - Swiger v. Continental Casualty Company
May 2, 2008
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MEMORANDUM OPINION AND ORDER: Accordingly, IT IS ORDERED as follows: (1) Dfts administrative decision denying Plas application for long-term disability benefits on the basis of the preexisting condition exclusion is REVERSED. (2) This matter is REMANDED to Defendant for findings consistent with this Opinion. (3) This matter is DISMISSED and STRICKEN from the Courts active docket. (4) After a new determination regarding Plas application for long-term disability benefits has been made by Defendant on remand, Plaintiff may challenge that determination upon motion to the Court if he so chooses. Bowers v. Sheet Metal Workers Natl Pension Fund, 365 F.3d 535, 537 (6th Cir. 2004). Signed by Judge Amul R. Thapar on 5/2/08.(MCB)cc: COR w/NOE