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FINLEY v. HEWLETT-PACKARD CO. EMPLOYEE BENEFITS

Nos. 03-1178, 03-1213.

379 F.3d 1168 (2004)

Martha A. FINLEY, Plaintiff-Appellant/Cross-Appellee, v. HEWLETT-PACKARD COMPANY EMPLOYEE BENEFITS ORGANIZATION INCOME PROTECTION PLAN, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

August 16, 2004.

Attorney(s) appearing for the Case

Robert Lawrence Liebross, Denver, CO, appearing for the Appellant/Cross-Appellee.

Gregory J. Kerwin, Gibson, Dunn & Crutcher, LLP, Denver, CO (Joseph P. Busch, III, Gibson, Dunn & Crutcher, LLP, Irvine, California, with him on the briefs), appearing for the Appellee/Cross-Appellant.

Before TACHA, Chief Judge, McWILLIAMS, and LUCERO, Circuit Judges.

TACHA, Chief Judge.

Plaintiff-Appellant Martha A. Finley was denied long-term disability benefits by her employee benefit plan. She brought suit against Defendant-Appellee Hewlett-Packard Company Employee Benefits Organization Income Protection Plan ("the Plan") under 29 U.S.C. §§ 1132(a)(1)(B), 1133. The Plan moved for summary judgment. The District Court granted this motion, holding that no genuine issue of fact supported the view that Ms. Finley's benefits...

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