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BILYEU v. MORGAN STANLEY LONG TERM DISABILITY PLAN

No. 10-16070.

683 F.3d 1083 (2012)

Leah A. BILYEU, Plaintiff-counter-defendant-Appellant, v. MORGAN STANLEY LONG TERM DISABILITY PLAN; Morgan Stanley Long Term Disability Plan Administrator, Defendants-Appellees, First Unum Life Insurance Company, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2012.

Attorney(s) appearing for the Case

Randolph G. Bachrach , Chandler, AZ; Kevin Koelbel (argued), Chandler, AZ, for the appellant.

Ann Martha Andrews , Kristina N. Holmstrom and Lawrence Kasten (argued), Lewis and Roca LLP, Phoenix, AZ, for the appellee.

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge RAWLINSON.

OPINION

FISHER, Circuit Judge:

Leah A. Bilyeu appeals the district court's dismissal of her claim challenging the termination of her long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132. Bilyeu also challenges the district court's grant of summary judgment in favor of First Unum Life Insurance Company (Unum) on Unum's counterclaim for restitution...

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