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KELLOGG v. METROPOLITAN LIFE INS. CO.

No. 07-4213.

549 F.3d 818 (2008)

Cherilyn KELLOGG, now known as Cherilyn Worsley, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE CO.; Pfizer Accidental Death and Dismemberment Insurance Plan, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 4, 2008.

Attorney(s) appearing for the Case

Brian S. King (James L. Harris, Jr. with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

Jack M. Englert, Jr. (James L. Barnett, Holland & Hart LLP, Salt Lake City, UT, with him on the brief), of Holland & Hart LLP, Greenwood Village, CO, for Defendants-Appellees.

Before BRISCOE, SEYMOUR, and PORFILIO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Cherilyn Kellogg brought this action against defendants Metropolitan Life Insurance Company and Pfizer Accidental Death and Dismemberment Insurance Plan, claiming she was wrongly denied accidental death and dismemberment benefits under an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. §§ 1001-1461. Cherilyn Kellogg's deceased husband, Brad Kellogg...

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