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REKSTAD v. FIRST BANK SYSTEM

Nos. 99-1188 & 99-1190.

238 F.3d 1259 (2001)

Denise Rekstad, Plaintiff-Appellant/Cross-Appellee, v. First Bank System, Inc., a Delaware corporation; Fbs Mortgage Corporation, formerly doing business as Colorado National Mortgage corporation, a Nevada corporation; and First Bank System Long-Term Disability Plan, (Plan #509), Defendants-Appellees. Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

January 29, 2001.

Attorney(s) appearing for the Case

Carmen S. Danielson of Dietze and Davis, P.C., Boulder, Colorado, and Patricia Bellac of Boulder, Colorado, for Plaintiff-Appellant/ Cross-Appellee.

Steven J. Merker (Nancy Smith Pearson and Stephen E. Abrams with him on the briefs) of Dorsey & Whitney LLP, Denver, Colorado, for Defendants-Appellees/Cross-Appellants.

Before EBEL, McKAY, and LUCERO, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff worked for Defendant First Bank Systems (FBS) and took part in its ERISA regulated disability benefits plan. After an ankle injury in November 1993, Plaintiff could not work for a period of time and therefore received short-term and eventually long-term disability benefits pursuant to the disability plan. In June 1995, shortly after obtaining medical clearance to return to work, she incurred additional injuries in an automobile accident...

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