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MOON v. UNUM PROVIDENT CORP.

No. 03-1626.

405 F.3d 373 (2005)

Diane M. MOON, Plaintiff-Appellant, v. UNUM PROVIDENT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 22, 2005.

Attorney(s) appearing for the Case

ARGUED: Christopher D. Morris, Ryan, Jamieson, Morris, Ryan & Smith, Kalamazoo, Michigan, for Appellant. K. Scott Hamilton, Dickinson Wright, PLLC, Detroit, Michigan, for Appellee. ON BRIEF: Christopher D. Morris, Ryan, Jamieson, Morris, Ryan & Smith, Kalamazoo, Michigan, for Appellant. K. Scott Hamilton, Dickinson Wright, PLLC, Detroit, Michigan, for Appellee.

Before SILER and CLAY, Circuit Judges; and BERTELSMAN, District Judge.

CLAY, J., delivered the opinion of the court, in which BERTELSMAN, D.J., joined. SILER, J., (p. 382), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

In this action for long-term disability ("LTD") benefits pursuant to an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., Plaintiff Diane Moon appeals the district court's denial of her motion...

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