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NANCE v. SUN LIFE ASSUR. CO. OF CANADA

No. 01-6234.

294 F.3d 1263 (2002)

Bryan K. NANCE, Plaintiff-Appellant, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 2, 2002.

Attorney(s) appearing for the Case

Glen Mullins, Oklahoma City, OK, for Plaintiff-Appellant.

Arlen E. Fielden of Crowe & Dunlevy, Oklahoma City, OK, and Mark E. Schmidtke of Hoeppner Wagner & Evans LLP, Valparaiso, IN, for Defendant-Appellee.

Before SEYMOUR, McKAY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiff Bryan K. Nance appeals the district court's entry of summary judgment in favor of Sun Life Assurance Company of Canada (Sun Life) on his claim for long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. The district court ruled that Sun Life's decision to deny benefits based on Plaintiff's back condition and depression was not arbitrary or capricious. We...

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