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COOPER v. LIFE INS. CO. OF NORTH AMERICA

No. 06-5735.

486 F.3d 157 (2007)

Becky COOPER, Plaintiff-Appellant, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, ACE INA Long Term Disability Plan, and ACE INA Holdings, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Eric L. Buchanan, Eric Buchanan & Associates, Chattanooga, Tennessee, for Appellant. Cameron S. Hill, Baker, Donelson, Bearman, Caldwell & Berkowitz, Chattanooga, Tennessee, John P. Konvalinka, Grant, Konvalinka & Harrison, Chattanooga, Tennessee, for Appellees. ON BRIEF: R. Scott Wilson, Eric Buchanan & Associates, Chattanooga, Tennessee, for Appellant. Cameron S. Hill, Baker, Donelson, Bearman, Caldwell & Berkowitz, Chattanooga, Tennessee, Cynthia J. Cutler, Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, Tennessee, Tonya K. Cammon, Grant, Konvalinka & Harrison, Chattanooga, Tennessee, for Appellees.

Before: GILMAN and SUTTON, Circuit Judges; TARNOW, District Judge.

GILMAN, J., delivered the opinion of the court, in which TARNOW, D.J., joined. SUTTON, J. (pp. 173-77), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Becky Cooper appeals from an adverse judgment in her suit for long-term disability insurance benefits. Her employer's plan is subject to the provisions of the Employee Retirement and Income...

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