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DISHMAN v. UNUM LIFE INS. CO. OF AMERICA

Nos. 99-55963, 99-56077.

269 F.3d 974 (2001)

John W. DISHMAN, Plaintiff-Appellee-Cross-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA; The Adams, Duque & Hazeltine Long Term Disability Income Plan, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2001.

Attorney(s) appearing for the Case

Lesley C. Green and Russell G. Petti, Bannan, Green & Frank, Los Angeles, California, for defendants/appellants UNUM Life Insurance Company of America and The Adams, Duque & Hazeltine Long Term Disability Income Plan.

Thomas E. Shardlow and Patricia G. Vick, Law Offices of Shardlow & Vick, Pasadena, California, for appellee/cross-appellant John Dishman.

Henry Solano, Marc I. Machiz, and Marcia Bove, Department of Labor, Washington, DC, for amicus curiae United States.

Before: Robert R. BEEZER, T.G. NELSON, and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted February 13, 2001 — Pasadena, California.

ORDER

The Opinion filed May 8, 2001, is withdrawn. A revised Opinion has been filed in its place.

With the amendments made in the revised Opinion, the panel has voted unanimously to deny the petition for rehearing. Judge T.G. Nelson and Judge Berzon deny the petition for rehearing en banc and Judge Beezer so recommends.

The full court has been advised of the suggestion...

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