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KIDNEIGH v. UNUM LIFE INS. CO OF AMERICA

Nos. 02-1277, 02-1282.

345 F.3d 1182 (2003)

Jon F. KIDNEIGH, Plaintiff/Cross-Appellee, and Barbara Kidneigh, Plaintiff-Appellant/Cross-Appellee, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine Corporation, Defendant-Appellee/Cross-Appellant. Colorado Trial Lawyers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Filed October 3, 2003.

Attorney(s) appearing for the Case

Stephen C. Kaufman, Denver, CO, for Plaintiffs-Appellants/Cross-Appellees.

Michael S. Beaver, Holland & Hart, L.L.P., Greenwood Village, CO, (Marcy G. Glenn and Jack M. Englert, Jr., Holland & Hart, L.L.P., Denver, CO, with him on the briefs), for Defendant-Appellee/Cross-Appellant.

Michael J. Rosenberg and Bradley A. Levin, Roberts, Levin & Patterson, P.C., Denver, CO, for Amicus Curiae Colorado Trial Lawyers Association.

Before KELLY, HENRY, and HARTZ, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff/Cross-Appellee Jon Kidneigh and Plaintiff-Appellant/Cross-Appellee Barbara Kidneigh brought suit seeking disability benefits pursuant to 29 U.S.C. §§ 1132(a)(1)(B) and (g), the Employment Retirement Income Security Act of 1974 ("ERISA"), along with state law claims for bad faith and loss of consortium. We have jurisdiction under 28 U.S.C. § 1292(b), and we affirm in part and reverse in part.

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