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GATTI v. RELIANCE STANDARD LIFE INS. CO.

Nos. 03-15562, 03-16183.

415 F.3d 978 (2005)

Terri GATTI, Plaintiff-Appellee, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, Defendant-Appellant. Terri Gatti, Plaintiff-Appellee, v. Reliance Standard Life Insurance Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred October 8, 2004.

Resubmitted May 31, 2005.

Filed May 31, 2005.

Amended Opinion and Concurrence Filed July 22, 2005.

Attorney(s) appearing for the Case

Joshua Bachrach, Rawle & Henderson, LLP, Philadelphia, PA, for the appellant.

Barry Kirschner, Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., Tuscon, AZ, for the appellee.

Before: RYMER, TALLMAN, and BEA, Circuit Judges.

AMENDED OPINION

TALLMAN, Circuit Judge.

Reliance Standard Life Insurance Company ("Reliance") appeals the district court's summary judgment in favor of Terri Gatti in her action brought under the Employee Retirement Income Security Act ("ERISA") for reinstatement of long term disability benefits. The district court reviewed Reliance's decision to terminate Gatti's benefits de novo, because it interpreted an ERISA regulation as placing a temporal limitation...

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