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WALKER v. AMERICAN HOME SHIELD LONG TERM DIS. PLAN

No. 97-55503.

180 F.3d 1065 (1999)

Pamela WALKER, Plaintiff-Appellee, v. AMERICAN HOME SHIELD LONG TERM DISABILITY PLAN; Unum Life Insurance Company of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Vacated December 22, 1998.

Resubmitted June 4, 1999.

Filed June 15, 1999.

Attorney(s) appearing for the Case

Russell G. Petti, Stacey R. Turner, Bannan, Green, Smith, Frank & Rimac, Los Angeles, California, for the defendants-appellants.

Ronald Dean, Pacific Palisades, California, for the plaintiff-appellee.

Before: BRUNETTI, FERNANDEZ, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

This case requires resolution of whether the de novo standard of review set out in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989) for an insurance disability case brought under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a), encompasses both plan interpretations and factual determinations. More specifically, we review...

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