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SCHADLER v. ANTHEM LIFE INS. CO.

No. 97-10491.

147 F.3d 388 (1998)

Anita SCHADLER, Plaintiff-Appellant, v. ANTHEM LIFE INSURANCE COMPANY; Anthem Benefit Services Inc.; Acordia Benefits of the South, Inc.; Allied Signal, Inc.; Allied Signal Technical Services Corporation; Allied Signal Team/White Sands, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 13, 1998.

Attorney(s) appearing for the Case

David R. Richards, Santa Fe, NM, for Schadler.

Ken W. Good, Billy D. Anderson, Tyler, TX, for Defendants-Appellees.

Before KING and BARKSDALE, Circuit Judges, and DUPLANTIER, District Judge.

KING, Circuit Judge:

In this case under the Employee Retirement Income Security Act, plaintiff-appellant Anita Schadler appeals the district court's determination that she is ineligible to receive benefits under her husband's accidental death and dismemberment policy based upon an exclusion asserted by defendants-appellees for the first time on appeal to the district court. Because we conclude that the plan administrator...

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