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ELLIOT v. FORTIS BENEFITS INS. CO.

Nos. 02-35080, 02-35133.

337 F.3d 1138 (2003)

Stephanie ELLIOT, Plaintiff-Appellant-Cross-Appellee, v. FORTIS BENEFITS INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2003.

Attorney(s) appearing for the Case

Donald L. Harris, Cozzens, Warren & Harris, PLLP, Billings, MT, for the plaintiff-appellant.

Robert L. Sterup, Peteresen, Jones, Hingle & Sterup, PLLC, Billings, MT, for the defendant-appellee.

Before CUDAHY, O'SCANNLAIN and GOULD, Circuit Judges.

OPINION

CUDAHY, Circuit Judge.

Stephanie Elliot, a terminally ill former paralegal, sued Fortis Benefits Insurance Company, claiming benefits and other damages under a long-term disability insurance policy she had through her employer. She prevailed on her Employee Retirement Income Security Act (ERISA) claims, and recovered policy benefits and attorney's fees and costs, but lost on Fortis's motion for judgment on the pleadings on her state law claims, under...

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