No. 03-20623.

394 F.3d 262 (2005)

Linda ELLIS, Plaintiff-Appellee-Cross-Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected January 13, 2005.

Attorney(s) appearing for the Case

Howard R. King (argued), Hill, Angel & King, Houston, TX, for Ellis.

Scott A. Lemond (argued), Seyfarth Shaw, Houston, TX, for Liberty Life Assur. Co. of Boston.

Before JOLLY, WIENER, and PICKERING, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant-Cross-Appellee Liberty Life Assurance Company of Boston ("Liberty") appeals the district court's denial of its motion for summary judgment and that court's grant of summary judgment in favor of plaintiff-appellee-cross-appellant Linda Ellis ("Ellis"). The district court concluded that no genuine issue of material fact existed as to Ellis's claim under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §...

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