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CISNEROS v. UNUM LIFE INS. CO. OF AMERICA

No. 95-56179.

134 F.3d 939 (1998)

Michelle CISNEROS, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA and 1 through 50, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Decided May 30, 1997.

Opinion Withdrawn January 20, 1998.

Decided January 20, 1998.

Attorney(s) appearing for the Case

Jeffrey C. Metzger, Law Offices of Jeffrey C. Metzger, Laguna Hills, California, for plaintiff-appellant.

Russell G. Petti (Argued), Bannan, Green, Smith & Frank, Los Angeles, California, and Margaret Levy and Allison B. Gruettner (On the Briefs), Adams, Duque & Hazeltine, Los Angeles, California, for defendants-appellees.

Before: FLETCHER and TROTT, Circuit Judges, and JENKINS, Senior District Judge.

TROTT, Circuit Judge:

ORDER

The Opinion filed May 30, 1997, and published at 115 F.3d 669 is ordered withdrawn.

OPINION

OVERVIEW

Michelle Cisneros brought this action to recover long-term disability benefits under an ERISA-governed insurance policy (the "Policy") issued by UNUM Life Insurance Company ("UNUM"). The district court entered summary judgment in favor of UNUM on the ground that Cisneros...

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