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GAITHER v. AETNA LIFE INS. CO.

No. 03-7029.

388 F.3d 759 (2004)

Donald B. GAITHER, Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY and Pharmacia Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 4, 2004.

Attorney(s) appearing for the Case

Gentner F. Drummond (Will K. Wright, Jr., with him on the briefs), The Drummond Law Firm, Tulsa, OK, for Plaintiff-Appellant.

Tamsin J. Newman (Joseph J. Costello with her on the brief), Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Defendant-Appellee Pharmacia Corporation.

Mark D. Spencer (Amy D. White with him on the brief), McAfee & Taft, P.C., Oklahoma City, OK, for Defendant-Appellee Aetna Life Insurance Company.

Before MURPHY, HOLLOWAY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

In the summer of 1999, Donald B. Gaither was suspended from employment because his employer determined that his medical condition—his use of narcotic painkillers—made him unable to perform his job. At the same time, his employer's ERISA plan administrator denied him disability benefits because his medical condition did not make him unable to perform his job. The plan administrator defends on the essential ground that it did...

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