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WETZEL v. LOU EHLERS CADILLAC GROUP

No. 97-56437

222 F.3d 643 (2000)

Charles WETZEL, Plaintiff-Appellant, v. LOU EHLERS CADILLAC GROUP LONG TERM DISABILITY INSURANCE PROGRAM; Reliance Standard Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 1999

Rehearing Granted January 13, 2000.

Argued and Submitted March 22, 2000

Filed July 26, 2000.

Attorney(s) appearing for the Case

Ronald Dean, Pacific Palisades, California, for the plaintiff-appellant.

David A. Lingenbrink and Jennifer L. Kerzon, Galton & Helm, Los Angeles, California, for the defendants-appellees.

Shawn Hanson, Pillsbury Madison & Sutro, LLP, San Francisco, California, for amicus curiae Standard Insurance Company.

Mary Ellen Signorille, American Association of Retired Persons, Washington, D.C., for amicus curiae American Association of Retired Persons.

Before: HUG, Chief Judge, and BROWNING, O'SCANNLAIN, TROTT, RYMER, T.G. NELSON, TASHIMA, THOMAS, SILVERMAN, McKEOWN and W. FLETCHER, Circuit Judges.

Rehearing En Banc Granted January 13, 2000.

T.G. NELSON, Circuit Judge:

Charles Wetzel appeals from the district court's summary judgment in his ERISA suit seeking long-term disability benefits under his employer's group disability plan. Relying on our prior decisions in Williams v. UNUM Life Ins. Co., 113 F.3d 1108 (9th Cir.1997), and Nikaido v. Centennial Life Ins. Co., 42 F.3d 557

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