ROTH
v.
STUSSIE, JUDGE, ST. LOUIS COUNTY CIRCUIT COURT, ET AL.

U.S. | 1991-02-19
No. 90-950
498 U.S. 1087 Supreme Court of the United States (1991) Positive Treatment
Cited by 1 case

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  • Kirwan v. Marriott Corp., 10 F.3d 784 (11th Cir. 1994)
    …aimants. Likewise, the Plan neither states nor implies that fact-based beneficiary determinations are to be accorded deference on review.”). . See Cathey v. Dow Chemical Co. Medical Care Program, 907 F. 2d 554, 558-59 (5th Cir.1990), cert. denied, 498 U.S. 1087, 111 S.Ct. 964, 112 L.Ed.2d 1051 (1991). . Id. at 559. . Moon, 888 F. 2d at 89. There is a split among the circuits as to whether a de novo review should include facts not before the plan administrator. See Quesinberry v. Life Insurance Co. of No…

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