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GARNER v. U.S. WEST DISABILITY PLAN

Nos. 06-1199, 06-1218.

506 F.3d 957 (2007)

Diana GARNER, Plaintiff-Appellant/Cross-Appellee, v. US WEST DISABILITY PLAN, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

October 15, 2007.

Attorney(s) appearing for the Case

Beth Doherty Quinn (Elizabeth I. Kiovsky with her on the brief) of Baird & Kiovsky, LLC, Denver, CO, for Defendant-Appellant.

Brian A. Murphy, Brian A. Murphy & Associates, LLC, Arvada, CO, for Plaintiff-Appellee.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

Diana Garner appeals and the U.S. West Disability Plan (Plan) cross-appeals the district court's order remanding to the Plan for reconsideration the claim made by Ms. Garner under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. We dismiss the appeal for lack of jurisdiction because the order was not a final order.

I. BACKGROUND

Ms. Garner, who has rheumatoid arthritis...

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