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SILVER v. EXECUTIVE CAR LEASING LONG-TERM DISABILITY PLAN

No. 04-55747.

466 F.3d 727 (2006)

MARC S. SILVER, Plaintiff-Appellant, v. EXECUTIVE CAR LEASING LONGTERM DISABILITY PLAN, an employee welfare benefits plan under ERISA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2006.

Amended October 6, 2006.

Attorney(s) appearing for the Case

Lyle R. Mink, Esq., Los Angeles, California, for the plaintiff-appellant.

Stacey R. Turner, Esq., Los Angeles, California, for the defendant-appellee.

Before: Betty B. Fletcher, Warren J. Ferguson, and Consuelo M. Callahan, Circuit Judges.

Argued and Submitted February 14, 2006 — Pasadena, California.

Opinion by Judge B. Fletcher.

ORDER AND AMENDED OPINION

ORDER

The opinion filed August 7, 2006 at slip op. 8907 is amended as follows:

The final paragraph of the Standard of Review Section at slip op. 8918-19 is deleted and replaced by the following:

We note that scrutiny is especially warranted when, after conducting de novo review of a decision by an...

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