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NEWCOMB v. STANDARD INS. CO.

No. 98-35986.

187 F.3d 1004 (1999)

Russell W. NEWCOMB, M.D., Plaintiff-Appellee, v. STANDARD INSURANCE COMPANY, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 1999.

Attorney(s) appearing for the Case

David L. Bacon, Thelen, Reid & Priest, Los Angeles, California, for the defendant-appellant.

Robyn M. Brody and John Hohnhorst, Hepworth, Lezamiz & Hohnhorst, Twin Falls, Idaho, for the plaintiff-appellee.

Before: LAY, GOODWIN and McKEOWN, Circuit Judges.

LAY, Circuit Judge:

Dr. Russell W. Newcomb, a surgeon, brought this suit against Standard Insurance Company asserting long-term disability under the civil enforcement provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq. The district court determined that Newcomb was entitled to disability benefits and granted his motion for summary judgment. Standard appealed the judgment under Federal Rule of Civil...

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