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McKENZIE v. GENERAL TELEPHONE CO. OF CALIFORNIA

No. 93-15532.

41 F.3d 1310 (1994)

John P. McKENZIE, Plaintiff-Appellant, v. GENERAL TELEPHONE COMPANY OF CALIFORNIA, dba GTEL, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 5, 1994.

Attorney(s) appearing for the Case

Andrew H. Lange, Lange & Lange, San Francisco, CA for plaintiff-appellant.

Michael W. Melendez, Sonnenschein, Nath & Rosenthal, San Francisco, CA, for defendants-appellees.

Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

OVERVIEW

John P. McKenzie (McKenzie) brought suit against The Travelers Insurance Company (Travelers), GTEL, GTE Corporation, and GTE Long Term Disability Plan (Plan) pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, to recover long-term disability benefits.1 Specifically, McKenzie relies on 29 U.S.C. § 1132(a)(1)(B) which provides a cause...

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