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DEGRADO v. JEFFERSON PILOT FINANCIAL INS. CO.

No. 05-1281.

451 F.3d 1161 (2006)

John A. DeGRADO, Plaintiff-Appellee, v. JEFFERSON PILOT FINANCIAL INSURANCE COMPANY, a Nebraska corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 2006.

Attorney(s) appearing for the Case

Michael S. Beaver, Holland & Hart, P.C., Greenwood Village, CO (Marcy G. Glenn, Holland & Hart, P.C., Denver, CO; Todd W. Miller and Catherine C. Crane, Holland & Hart, P.C., Greenwood Village, CO, with him on the briefs), for Defendant-Appellant.

Thomas L. Roberts, Roberts, Levin & Patterson, P.C., Denver, CO (Laura E. Schwartz and Zachary C. Warzel, Roberts, Levin & Patterson, P.C., Denver, CO; Marilee E. Langhoff, Marilee E. Langhoff, P.C., Centennial, CO, with him on the brief), for Plaintiff-Appellee.

Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant Jefferson Pilot Financial Insurance Company (Jefferson) appeals from the district court's entry of judgment in favor of plaintiff John DeGrado on his claim under § 502(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), for increased benefits under a long-term disability policy provided by Jefferson to DeGrado's employer. We exercise jurisdiction pursuant to 28 U.S.C. § 1291,...

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