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CALDWELL v. LIFE INS. CO. OF NORTH AMERICA

Nos. 00-3256, 00-3288.

287 F.3d 1276 (2002)

Rufus A. CALDWELL, III, Plaintiff-Appellee/Cross-Appellant. v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 30, 2002.

Attorney(s) appearing for the Case

Richard N. Bien (R. Kent Sellers, with him on the briefs), Lathrop & Gage L.C., Kansas City, MO, for Defendant-Appellant/Cross-Appellee.

Michael W. Blanton, Blue Springs, MO, (William P. Ronan, III, Overland Park, KS, on the briefs), for Plaintiff-Appellee/Cross-Appellant.

Before SEYMOUR and PORFILIO, Circuit Judges, and STAGG, District Judge.

SEYMOUR, Circuit Judge.

This case deals with whether disability benefits should be provided to Rufus Caldwell by Life Insurance Company of North America (LINA). LINA denied Mr. Caldwell's claim for both "own occupation" and "any occupation" long-term total disability benefits.1 On review, the district court upheld LINA's determination as to "any occupation" benefits, but held that Mr. Caldwell is entitled to "own occupation" benefits for...

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