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RUSS v. STANDARD INS. CO.

No. 96-15952.

120 F.3d 988 (1997)

Joanna RUSS, an individual, Plaintiff-Appellee, v. STANDARD INSURANCE COMPANY, an Oregon Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Michael A. Conley, Shawn E. Hanson, Pillsbury Madison & Sutro LLP, San Francisco, CA, Christopher P. Staring, Fennemore Craig, Tucson, AZ, for defendant-appellant.

Barry Kirschner, Raven, Kirschner & Norell, Tucson, AZ, for plaintiff-appellee.

Before: GOODWIN, D.W. NELSON, & TROTT, Circuit Judges.

GOODWIN, Circuit Judge:

Standard Insurance Company ("Standard") appeals the district court's dismissal without prejudice of Joanna Russ's action for wrongful termination of disability benefits. Standard argues that the district court, prohibited from exercising its power under Federal Rule of Civil Procedure 39(b) to excuse Russ's failure to make a timely demand for a jury trial, cannot dismiss the case pursuant to Federal Rule of Civil Procedure 41(a)(2) so that...

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