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REKSTAD v. U.S. BANCORP

No. 05-1146.

451 F.3d 1114 (2006)

Denise REKSTAD, Plaintiff-Appellee, v. U.S. BANCORP, formerly doing business as First Bank System, Inc., a Delaware corporation, and U.S. Bank Long Term Disability Plan, formerly known as First Bank System Long Term Disability Plan (Plan #509), Defendants-Appellants, and FBS Mortgage Corporation, a Nevada corporation doing business as Colorado National Mortgage Corporation; Knutson Mortgage Corporation, a Delaware Corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

June 21, 2006.

Attorney(s) appearing for the Case

Carmen S. Danielson (and Peter C. Dietze, on the brief), Dietze and Davis, P.C., Boulder, CO, for Plaintiff-Appellee.

Steven J. Merker, (Van Aaron Hughes and Jason L. Johnson, with him on the briefs), Dorsey & Whitney, L.L.P., Denver, CO, for Defendants-Appellants U.S. Bancorp and U.S. Bank Long Term Disability Plan.

Before KELLY, SEYMOUR, and HARTZ, Circuit Judges.

KELLY, Circuit Judge.

Defendant-Appellants U.S. Bancorp and U.S. Bank Long Term Disability Plan, (the "Plan"), successors in interest to First Bank Systems, Inc. and First Bank Systems Long-Term Disability Plan, respectively, appeal from the district court's grant of summary judgment in favor of Plaintiff-Appellee Denise Rekstad on her claim for disability benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461...

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