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BLANKENSHIP v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 05-15077.

486 F.3d 620 (2007)

Vorris BLANKENSHIP, Plaintiff-Appellee, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, as Administrator and Fiduciary of the KPMG Employee Long-term Disability Plan and the KPMG Employee Long-term Disability Plan, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2007.

Attorney(s) appearing for the Case

Mark G. Bonino, Pamela E. Cogan, Kathryn C. Curry, Elisa Nadeau, San Jose, CA, for the defendant-appellant.

Scott Kalkin, San Francisco, CA, for the plaintiff-appellee.

Before WILLIAM C. CANBY, JR., JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

Opinion by Judge PAEZ; Concurrence by Judge NOONAN.

PAEZ, Circuit Judge.

Liberty Life Assurance Company of Boston ("Liberty Life") appeals the district court's award of disability benefits to Vorris Blankenship, following a court trial on his claims under the Employment Retirement Income Security Act ("ERISA") § 502(a)(1)(B) and § 502(a)(3). 29 U.S.C. § 1132(a). Liberty Life does not challenge the district court's ruling that Blankenship was...

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