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LaRUE v. DeWOLFF, BOBERG & ASSOCIATES, INC.

No. 06-856.

128 S.Ct. 1020 (2008)

552 U.S. 248

169 L.Ed.2d 847

James LaRUE, Petitioner, v. DeWOLFF, BOBERG & ASSOCIATES, INC., et al.

Supreme Court of United States.

Decided February 20, 2008.

Attorney(s) appearing for the Case

Peter K. Stris , Costa Mesa, CA, for petitioner.

Matthew D. Roberts , for the United States as amicus curiae, by special leave of the Court, supporting the petitioner.

Thomas P. Gies , Washington, DC, for respondents.

Jean-Claude Andre , Sarah E. Andre Ivey , Smith & Ramirez, Los Angeles, CA, Robert E. Hoskins , Foster Law Firm, LLP, Greenville, SC, Peter K. Stris , Counsel of Record, Whittier Law School, Costa Mesa, CA, Brendan S. Maher , Dallas, Texas, Shaun P. Martin , University of San Diego, School of Law, San Diego, CA, for petitioner.

Thomas P. Gies , Counsel of Record, Clifton Elgarten , Ellen M. Dwyer , Crowell & Moring LLP, Washington, DC, for respondents.

In Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134, 105 S.Ct. 3085, 87 L.Ed.2d 96 (1985), we held that a participant in a disability plan that paid a fixed level of benefits could not bring suit under § 502(a)(2) of the Employee Retirement Income...

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