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CORRY v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 05-50983.

499 F.3d 389 (2007)

Valerie L. CORRY, Plaintiff-Appellee, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 28, 2007.

Attorney(s) appearing for the Case

W. Bailey Barton (argued), Law Offices of W. Bailey Barton, San Marcus, TX, for Plaintiff-Appellee.

Scott A. Lemond (argued), Lemond & Ross LLC, Anouchka Maria Oppinger, Joseph Tan Tung, Seyfarth Shaw, Houston, TX, for Defendant-Appellant.

Before JOLLY, PRADO and OWEN, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal requires us to determine whether a long-term disability plan administrator, Liberty Life Assurance Company of Boston ("Liberty"), abused its discretion by terminating disability benefits to Valerie L. Corry ("Corry"), whose claim for disability arises from fibromyalgia. The primary focus of the appeal is the district court's holding that Liberty's decision to terminate benefits was arbitrary and capricious because it discounted...

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