SHANE v. ALBERTSON'S INC.

No. 05-56319.

504 F.3d 1166 (2007)

Stacey SHANE, Plaintiff-Appellee, v. ALBERTSON'S INC., Employees' Disability Plan; Albertson's Inc., Employees' Life Insurance Benefits Plan; Albertson's Inc., Employees' Medical and Dental Plan; and Albertson's Inc., Employees' Benefit Pension Plan, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2007.


Attorney(s) appearing for the Case

Lisa S. Kantor, Kantor & Kantor LLP, Northridge, CA, for the plaintiff-appellee.

W. Mark Gavre, Parsons Behle & Latimer, Salt Lake City, UT, for the defendants-appellants.

Before: JOHNNIE B. RAWLINSON and STEPHEN S. TROTT, Circuit Judges, and MARY H. MURGUIA, District Judge.


Opinion by Judge MURGUIA; Dissent by Judge TROTT.

MURGUIA, District Judge:

Albertson's, Inc., Employees' Disability Plan and several other Albertson's Employee Plans ("Albertson's") bring this appeal from the district court's order reversing Albertson's decision to terminate Plaintiff-Appellee Stacey Shane's ("Ms. Shane") Long Term Disability ("LTD") benefits received under Albertson's Employees' Disability Benefits Plan (the "Disability Plan"). We have jurisdiction...

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