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COOPERATIVE BEN. ADM'RS, INC. v. OGDEN

No. 03-30518.

367 F.3d 323 (2004)

COOPERATIVE BENEFIT ADMINISTRATORS, INC., In Its Capacity as a Named Fiduciary of the National Rural Electric Cooperative Association Long-Term Disability Plan, Plaintiff-Counter Defendant-Appellee, v. Dale R. OGDEN, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised April 29, 2004.

Attorney(s) appearing for the Case

John Jay Range, Peter J. Loughlin (argued), Hunton & Williams, Washington, DC, George Robert Collier, Jr., The Boles Law Firm, Monroe, LA, for Plaintiff-Counter Defendant-Appellee.

Ronald Joseph Savoie (argued), Losavio, Savoie & DeJean, Baton Rouge, LA, for Ogden.

Before HIGGINBOTHAM, SMITH, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Dale Ogden appeals the district court's grant of the summary judgment motion of Plaintiff-Appellee Cooperative Benefit Administrators, Inc. ("CBA"), enforcing terms of an ERISA-governed long-term disability plan against her and dismissing her counterclaim for benefits. Ogden also appeals the district court's denial of her motion to dismiss for lack of subject matter jurisdiction and for failure to join her daughters as indispensable...

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