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DISHMAN v. UNUM LIFE INS. CO. OF AMERICA

Nos. 99-55963, 99-56077, 99-56077

250 F.3d 1272 (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 May 8, 2001.

Attorney(s) appearing for the Case

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

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.

Before: ROBERT R. BEEZER, THOMAS G. NELSON, and MARSHA S. BERZON, Circuit Judges.

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

T.G. NELSON, Circuit Judge:

UNUM Life Insurance Company of America ("UNUM") appeals a bench trial judgment and consequent attorneys' fee award in favor of John Dishman, an ERISA plan participant and benefits claimant. On cross-appeal, Dishman asserts that the district court erroneously dismissed as preempted his state law tort claim. We affirm in part and reverse in part.

I. FACTS...

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