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KEARNEY v. STANDARD INS. CO.

Nos. 96-16539, 96-16701.

144 F.3d 597 (1998)

Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee. Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1998.

As Amended May 19 and June 3, 1998.

Attorney(s) appearing for the Case

Marjorie E. Manning, T.D. Bolling, Jr., Bolling Walter & Gawthrop, Sacramento, California, for plaintiff-appellant.

Shawn Hanson, Michael A. Conley, Pillsbury Madison & Sutro, San Francisco, California, for defendant-appellee.

Before: SNEED, FLETCHER, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Plaintiff-appellant Rex T. Kearney, Jr. is an attorney who was a civil trial partner, and managing partner, at the law firm of Ingoglia, Marskey & Kearney. In 1992, following open heart surgery, he began receiving disability benefits under a Long Term Disability Plan issued by Defendant-Appellee Standard Insurance Company. Within two years of approving such benefits, however, Standard terminated them. Kearney eventually brought suit under...

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