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STANDARD INS. CO. v. SAKLAD

No. 96-55853.

127 F.3d 1179 (1997)

STANDARD INSURANCE COMPANY, an Oregon corporation, Plaintiff-counter-defendant-Appellee, v. Jerome W. SAKLAD, an individual, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1997.

Attorney(s) appearing for the Case

Paul S. Sigelman, Robert A. Aronson, Paul Sigelman Law Firm, Beverly Hills, California, for defendant-counter-claimant-appellant.

Lawrence J. Hilton, Michael G. Yoder, O'Melveny & Myers, Newport Beach, California, for plaintiff-counter-defendant-appellee.

Before: O'SCANNLAIN, FERNANDEZ, and THOMAS Circuit Judges.

FERNANDEZ, Circuit Judge:

Jerome Saklad appeals the district court's grant of summary judgment in favor of Standard Insurance Company on its claim that it could employ setoff against benefits owed to Saklad from the Master Plating, Inc. (MP) disability plan, and thus avoid distributing those benefits to him. We reverse and remand.

BACKGROUND

The facts before the district court do not place Saklad in a very flattering light. He had been employed by...

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